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HomeMy WebLinkAboutPacket 10-17-2006 RegularCRY OF CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESD October 17, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Fall Mulb-Family Beautification Award BOARD INTERVIEW: Betty Damey, Beautification Board CONSENT AGENDA: 7. City Council Regular Meeting Minutes of October 3, 2006. 2. Proclamation for City Government Week. 3. Resolution No. 2006-44; Appointing Members to the Beautification Board (Mary Jo Laws, Paula Collins, Elizabeth Mars). 4. Outdoor Entertainment Permit for Halloween Street Dance Scheduled for Monday, October 30, 2006. 5. Proposal to Repair Stormwater Inlets in the Amount of $8,425 by Mudrak Engineering and Construction Company. 6. Proposal to Clean Two Stormwater Baffle Boxes in the Amount of $6,000 by Equitas Sewer Services, LLC. 7. Proposal to Construct Sidewalks on Monroe and Polk Avenues in the Amount of $36,937 by Mudrak Engineering and Construction Company. 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 City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 2 of 3 8. Landscaping Services for Center Street Park, Banana River Park, Manatee Park and South Drainage Ditch. 9. Proposal for Holiday Landscaping in the Amount of $12,060 by Greenblades of Central Florida, Inc. 10. Canceling the Regular Meeting of November 7th and Scheduling a Special Meeting to Certify the Election Results on November Stn CONSIDERATIONS: 11. Proposed Contract for City Hall/ Police Department Needs Assessment and Design in the Amount of $51,678. 12. Change Order Request for the Preliminary Design of the Buchanan/ Orange Avenues Drainage Project, ORDINANCES: Second Public Hearina: 13. Motion to Adopt: Ordinance No. 16-2006, Adopting a New Cable Franchise Agreement with Bright House Networks, LLC, at Second Reading, 14. Motion to Adopt: Ordinance No. 17-2006; Amending Chapter 110, Zoning, Relating to the Regulation of Nonconforming Uses and Structures; Providing for Intent; Providing for Continuance and Regulation of Lawful Nonconformities Under the Requirements Set Forth Herein; Providing for the Issuance of Special Permits by the City Council for the Continuance of Some Nonconformities that would Otherwise be Terminated when Circumstances Demonstrate that the Overall Community and Public Policy Objectives of the City will be Promoted and Enhanced, at Second Reading. DISCUSSION: 15. Motion to Approve: Ordinance No. 19-2006; Amending Chapter 110, Zoning; Clarifying the Intent of the R-1, R-2 and R-3 Residential Zoning Districts; Defining the Term "Transient Commercial Use:" Prohibiting Transient Commercial Uses in the R-1, R-2 and R-3 Residential Zoning Districts for Single Family Dwellings or Multiple Family Dwellings with Four (4) or Less Units for Periods of Less than Ninety (90) Consecutive Calendar Days; Making Conforming Amendments to Chapter 110, Zoning, at First Reading. REPORTS: City of Cape Canaveral, Florida City Council Regular Meeting October 17, 2006 Page 3 of 3 REPORTS: 1. City Manager 2. Staff I City Council AUDIENCE TO BE HEARD: Comments can be made 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 Cleric's office (868-1221) 48 hours in advance of the meeting. - ` City of Cape Canaveral f Memo To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Virginia Haas, Assistant City Cleric Date: 10/9/2006 Ree Betty Damey, Beautification Board At the regular Beautification Board meeting of October 10, 2006, Ms. Betty Damey was interviewed and the board unanimously recommended that City Council appoint her as a regular member of the Beautification Board, Ms. Damey's board application is attached for City Council review and interview. 1105 Polk Avenue * Post Office Box 326 ' Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an applinn.. also prohibits a person from serving on a City Board or Committee if that person convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL has been 1. Applicant Name: —�'�� # fi �!Ati- h e- 2. 2. Home Address: UCt rC11^�S l rte- UN it E7 3. Home Telephone: oo 1-5 J-3 -7 4. Occupation: f7 rn es + 1 e__ E) G r n P i- 5. Business Telephone: N .a 6. Business Address: B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 3a. Have you ever been convicted or found guilty, regardless of adjudication, of a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for of this y/ purposes question. m (N) 3b. If yes to 3a, have your civil rights been restored? (Y)(N) 4a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? m (N) 4b. If yes to 4a, please list each: 5. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Brief! state you inters t in servi q on a ity advisory board o committee: -70-60 �z r 2. Briefly state any prior experiences in serving on any governmental board or committee: 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. ✓ Beautification Board b. Board of Adjustment* C. Business and Cultural Development Board d. Code Enforcement Board* e. Community Appearance Board* f. Construction Board of Adjustment and Appeals* g. Library Board h. Planning and Zoning Board* i. Recreation Board j. Other. *Members of these boards are required to complete and fife with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER African-American Male Asian -American ^ ' Female Hispanic -American Not Known Native American / Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW' [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1221. Signature: Date: Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral, Florida 32920 For Office Use Only: Date Appointed: Appointed by: Board Appointed to,- Term o:Term Expires: CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 3, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:00 P.M. PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Mayor Pro Tem Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Public Works Director CONSENT AGENDA: 1. 2. 3. 4. 5. 6. Burt Bruns Bob Hoog Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Ed Gardulski City Council Regular Meeting Minutes of September 19, 2006. City Council Special Meeting Minutes of July 31, 2006. City Council Special Meeting Minutes of August 29, 2006. City Council Special Meeting Minutes of September 5, 2006. City Council Special Meeting Minutes of September 25, 2006. Resolution No. 2006-39; Appointing a Regular Member to the Beautification Board (Andrea Rice). City Council Regular Meeting October 3, 2006 Page 2 of 10 7. Resolution No. 2006-40; Appointing a Regular Member to the Business & Cultural Development Board (Dianne Marcum). 8. Resolution No. 2006-41; Appointing a Regular Member to the Construction Board of Adjustment and Appeals (James Evetts). 9. Resolution No. 2006-42; Appointing a Regular Member to the Board of Adjustment (Jack Childs). 10. Addendum to the Operating Equipment Lease Agreement with the Cape Canaveral Volunteer Fire Department Inc. Mayor Randels asked if any member of Council, staff or interested parties desired to remove any of the Consent Agenda items for discussion. No request was made to remove any of the items for discussion. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items No. 1 through 10. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. CONSIDERATIONS: 11. Motion to Approve: Award Request for Proposal No. 06-06 for Group Health Benefits. Mr. Petsos asked Ms. Stills to present the Group Health Benefits. Ms. Stills explained that six proposals were submitted: Comp Benefits, Florida Benefits, Inc., Florida Dental, Florida League of Cities, Inc., Health First, Inc., and Thompson, Bostrom, Inc. The Review Committee consisting of the City Manager, City Treasurer and City Clerk recommended Health First Health Plans at a quoted rate of $461.23 for medical coverage, and Comp Benefits at a quoted rate of $24.74 and $5.74 for dental and vision insurance coverage. Mr. Dennis Thompson, of Thompson Bostrom, Inc. addressed the Council and requested to be part of the City's insurance team in order to assist the City with special questions. He stated that he would represent the carriers that staff chooses. Mayor Randels questioned how his firm would be paid. Mr. Petsos asked that Mr. Thompson's request be reviewed by the City Manager. Mr. Manny Mancuso of Comp Benefits replied to Mayor Randels that typically no employee would refuse a plan that is without expense. Mr. Boucher informed that the Cape Canaveral Fire Department has transferred to the Health First Network and the City of Cocoa Beach also expressed their satisfaction with their continuing contract with the company. Mr. Petsos expressed that he did not want to see the employees lose their present physicians. Mr. Dean Brombacher replied that he would assist to gain those physicians in the network who are not currently a part of Health First. City Council Regular Meeting October 3, 2006 Page 3 of 10 A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoop to Award the Request for Proposal No. 06-06 for Group Health Benefits to Health First Health Plans and Comp Benefit, Inc. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For, Mr. Petsos, For and Mayor Randels. For. 12. Motion to Approve: Interlocal Agreement for Traffic Signal Maintenance with Brevard County. Mayor Randels explained this as an Interlocal Agreement for Maintenance for three traffic signals in the City. Mr. Ed Gardulski stated that the Agreement creates a five-year extension of the existing contract. A motion was made by Mr. Petsos and seconded by Mr. Bruns to Approve the Interlocal Agreement for Traffic Signal Maintenance with Brevard County. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. 13. Motion to Approve: Interlocal Agreement with Brevard County for the Transfer of N. Atlantic Avenue, Ridgewood Avenue and Central Boulevard. Mayor Randels explained that the County is currently authorized to maintain North Atlantic Avenue, Ridgewood Avenue and Central Boulevard. He stated that funds were included for paving Ridgewood Avenue due to the upcoming landscape project. Mayor Pro Tem Hoog stated that additional work would occur such as a center turn lane on North Atlantic Avenue. Mr. Petsos expressed his concern on the cost estimate provided by Public Works which was higher than the cost estimate from the County. He expressed concerned on entering into an agreement because of the rates and did not favor a locked -in price. Mr. Petsos desired to see road improvement prior to the transfer. Mayor Randels stated that funds were bonded for each Commissioner to perform a project. Mr. Petsos stated that the bonding could be adjusted to certain projects. Mayor Randels responded to the City Manager's question that Commissioner Pritchard's funding was expended on other projects in the County. Mr. Bruns stated that he would accept the roads based on the County improving them to standard first. Discussion followed on the whether the agreement would delay the Ridgewood Avenue landscape project. Mr. Petsos stated that continued discussion between the City and County staff was needed. Mr. Boucher stated that he would welcome discussion with the new District County Commissioner. Mr. Nicholas pointed out that any further delay would continue to increase the paving costs. Mayor Pro Tem Hoog questioned if each road required a separate agreement. Mr. Petsos stated that the City would accept roads that need tax payer funding to repave. He replied to Mayor Randels that the Council agreed to accept the roads after they were re -paved. Mayor Randels noted that although the City sets aside funds for paving; the cost of paving exceeded the set aside funds. Discussion followed on the City's acceptance of the roads and then paving them. City Council Regular Meeting October 3, 2006 Page 4 of 10 Mr. Harry Pearson, 8703 Camellia Court, asked if a tum lane at the Y-shaped juncture at Astronaut Blvd. and North Atlantic Avenue could be considered. Mayor Randels replied that State Road A1A, Astronaut Boulevard, is a State road. Ed Gardulski, Public Works Director, explained that a contract is underway for State Road A1A for drainage and repaving. Mayor Pro Tem Hoog asked if the two roads, North Atlantic Avenue and Central Blvd., could be approved to the exclusion of Ridgewood Avenue. A motion to Amend the Main Motion was made by Mr. Bruns and seconded by Mr. Nicholas to Withdraw Ridgewood Avenue from the Interlocal Agreement. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. A motion was made by Mr. Nicholas and seconded by Mayor Pro Tem Hoog to Approve the Interlocal Agreement with Brevard County for the Transfer of N. Atlantic Avenue and Central Boulevard as Amended. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog Directing the City Manager to Return to the County and Request an Increase on the Road Paving Costs. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. 14. Motion to Approve: Appointing Two Members to the "North Beaches Coalition Advisory Board" and a Voting Delegate and Alternate to the Brevard Metropolitan Planning Organization. Mayor Randels expressed an interest in serving on the North Beaches Coalition Advisory Board and as the Chair moved to nominate Mayor Pro Tem Hoog since elected officials were asked to serve. Mr. Petsos asked to be kept apprised of the elected and advisory issues. A motion was made by Mayor Randels and seconded by Mr. Nicholas to Approve Appointing Two Members to the "North Beaches Coalition Advisory Board" The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. Discussion continued on the voting delegate and an al#emate to the Brevard Metropolitan Planning Organization (MPO]. Mr. Petsos stated that the Council should seek an interested resident to serve. However, a member of Council was required to serve as an elected official. Mr. Boucher informed that the Advisory Board should be in place by the end of the month. Mr. Petsos expressed his interest in serving as an altemate member. Council could also select a citizen to serve. Mr. Boucher stated that he served on the Technical Advisory Committee of the Brevard MPO. He informed that he would seek out an interested party. City Council Regular Meeting October 3, 2006 Page 5 of 10 ORDINANCES: First Public Hearina: 15. Motion to Approve: Ordinance No. 16-2006; Adopting a New Cable Franchise Agreement with Bright House Networks, LLC, at First Reading. The title of Ordinance No. 16-2006 reads as follows: AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE, SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Boucher introduced Mr. Steve Luba, Director of Government Relations for Brighthouse Networks. Mayor Randels expressed a past concern under Item 16.3(d) that stated that Franchise shall provide free services to several public facilities such as Cape View Elementary School. Mr. Luba explained how CPST is a Standard service which is the one tier above the basic service. He stated that if the schools receive Internet service at this time, they would continue to receive that service_ Mr. Luba informed that Internet service was not regulated under the Federal Communication Commission [FCCC] under the Agreement and therefore not part of the Franchise Agreement. Mr. Boucher pointed out that he was unaware of a separate agreement that the services such as the Internet might exist. Mr. Luba informed that Brighthouse offers the standard television service with the schools and the Discovery and History Channels are included in the CPST service. Mr. Petsos expressed concern with the 10 -year term should new technology arise. Mr. Luba explained that Brighthouse makes a decision to upgrade services countywide and services are market driven. The Agreement is governed under the FCC. Mr. Luba referred to Page 25, Section 16.2(d) and repeated in 16.3(b) which reads that Space Coast Government Television was the primary access channel for government television in Brevard County. Mr. Luba replied to Mr. Bruns that digital was increasing in use and he stated that High Definition Television was an enhanced quality digital over the standard quality digital. Mr. Petsos restated his concern with the duration of the Agreement. Attorney Garganese stated that the Agreement was fair and consistent with other municipalities. Ms. Evelyn Brown, of 121 Majestic Bay, referred to the cable lines dangling behind the units from the previous mobile home park and asked if the City would ask the cable company to maintain the discontinued lines. She expressed her concern over liability as a homeowner. Mr. Luba stated that he would meet with the City Manager and identify the service locations. A resident of 170 Long Point Road also asked to have the line serviced at her location. Mr. Donald Dunn asked if the City had met with the DISH network for Satellite television service. Mr. Boucher explained that Brighthouse used the right-of- ways; therefore, a Franchise Agreement was necessary, whereas Satellite service used the homeowner's private property. City Council Regular Meeting October 3, 2006 Page 6 of 10 A motion was made by and seconded by Mr. Bruns to Approve Ordinance No. 16-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. 16. Motion to Approve: Ordinance No. 17-2006, at First Reading. Mayor Randels read Ordinance No. 17-2006 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA; AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCES; PROVIIDNG FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Mr. Boucher explained that the Council would discuss this ordinance prior to the subsequent ordinance on the moratorium. Mayor Pro Tem Hoog asked why a duly held public hearing was necessary prior to a resident rebuilding a home already in existence. Attorney Garganese explained that many cities have a standard non -conforming use provision that do not address specific circumstances. This would allow for discussion in a public forum. Attorney Garganese stated that the Council could add a provision that stated, "If a single-family dwelling unit exists as a non -conforming use, then the non- conforming use would continue as a matter of right unless the property is abandoned." Attorney Garganese stated that "dwelling unit" would become the point to address. Mayor Pro Tem Hoog expressed that not all persons whose home was destroyed should have to come before the Council to obtain permission to re -build their homes. Attorney Garganese re -stated that "dwelling units" would cover that point. He advised on the attempt to write a non -conforming use and structure ordinance to address every scenario on the subject. He replied to Mayor Randels that this would allow the Council to address certain circumstances. Mayor Randels cited where the City Council could grant an extended time to rebuild a structure. Attorney Garganese affirmed to Mr. Bruns that this ordinance would affect the following ordinance making some dwelling units on the State Road AlA corridor non -conforming uses. He stated that he would add language to provide a special provision for dwelling units. Mr. Petsos asked for clarification if this ordinance would allow for grandfathering - in the vacation rental uses. Attorney Garganese responded that Council would want to address amortization on the resort rental issue separately. Council would set the parameters for resort rentals within the parameters of that ordinance. Mr. Boucher asked, in light of the dwelling unit discussion, if any Council passed a subsequent law City Council Regular Meeting October 3, 2006 Page 7 of 10 that makes a dwelling unit non -conforming, then any new ordinance would need to address the dwelling unit issue. Attorney Garganese explained that a dwelling unit applies to where someone lives not a rental unit. Mayor Randels replied to Mr. Ray Osborne that this ordinance had no impact on the Department of Community Affairs ruling on the Coastal Construction Control Line rebuilding. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Bruns to Approve Ordinance No. 17-2006 at First Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr, Nicholas, For; Mr. Petsos, For and Mayor Randels. For. ORDINANCES: Second Public Hearina: 17. Motion to Adopt: Ordinance No. 11-2006, at Second Reading Mayor Randels read Ordinance No. 11-2006 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING THE LIST OF SPECIAL EXCEPTIONS (AKA CONDITIONAL USES) IN THE C-1 ZONING DISTRICT RELATED TO RESIDENTIAL USES; SPECIFICALLY AMENDING SECTION 110-334(C)(10), CAPE CANAVERAL CITY CODE, TO PROHIBIT SPECIAL EXCEPTION RESIDENTIAL USES ON PROPERTY THAT IS LOCATED ALONG THE AIA HIGHWAY CORRIDOR AS DEPICTED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING CLARIFYING AMENDMENTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Petsos pointed out that the City Attorney added language and a map that clarified any concerns from the previous meeting. There was no public comment. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to Adopt Ordinance No. 11-2006 at Second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. RESOLUTION: 18. Motion to Adopt: Resolution No. 2006-43; Approving Final Replat o1 Beachside Townhomes, Phase 11, Lot 13, Block 5, Avon -By -The -Sea Located on the North Side of Adams Avenue, Applicant John Johanson. Mayor Randels read Resolution No. 2006-43 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPROVING THE FINAL REPLAT OF "BEACHSIDE TOWNHOMES"; City Council Regular Meeting October 3, 2006 Page 8 of 10 AUTHORIZING THE MAYOR AND THE CITY CLERK TO CERTIFY THE PLAT; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels clarified the property address as 502 and 504 Adams Avenue. Mr. Ray Osborne asked if an archeological study was performed. Mayor Randels stated from the report that there were no known archeological resources on the site. Mr. Todd Peetz, City Planner, informed that the City used the Florida Master Site File. He informed that currently there were no identified historical homes on the plat. Mr. Peetz explained that if there were any such archeological findings, it would be the property owner's responsibility to inform the authorities. Mr. Osborne noted that in a previous meeting he had asked that the developers photograph any historical findings. A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 200543 Approving the Final Replat of Beachside Townhomes. The vote on the motion carried 5-0 with voting as follows: Mr. Bruns, For; Mayor Pro Tem Hoog, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels. For. DISCUSSION; 19. Space Coast Wayfinding Program. Mr. Boucher explained that the Council's task was to decide on the designated locations for the signage. Mayor Randels explained how the proposed signs would direct visitors to various sites. Mr. Bruns expressed his opposition to the signs. Mayor Randels affirmed for Mr. Nicholas that the signs conform to the City's code. Mr. Morley informed that the City sign code does not allow for any signs in the right-of-way. Mr. Nicholas stated that he too did not want the signs in the City. Mr. Petsos stated that he failed to see the benefit. The City Manager would convey the Council thoughts. REPORTS: 1. City Manager • Mr. Boucher reported on the Planning and Zoning Board recommendation on the proposed ordinance for vacation rentals that disallowed rentals in units of four units for less than 90 days and a one-year amortization schedule. Mr. Boucher informed that he was contacted by the Coalition for Property Rights. He stated for the record that as of yesterday there were only six licensed properties with the Department of Business and Professional Regulations [DBPR]. Discussion followed on State licensing regulations. Mayor Randels explained that the DBPR regulates the condominiums through its bylaws. Mr. John Johanson, of 310 Adams Avenue, stated that the ordinance might need expansion to address larger units of five or more. Mr. Petsos explained that larger units usually have a foram of property management. Mr. Johanson explained how regulation of four units or less would transfer the problem to the condominiums_ City Council Regular Meeting October 3, 2006 Page 9 of 10 Ms. Shannon Roberts related that a unit in Solana Shores experienced a similar circumstance; however, their Association actively prevailed on the owner. Mr. Glen Petit stated that his condominium was 50 percent rental property. Mr. Bruns explained that the City could not interfere with the condominium by-laws which were self-regulating. Mr. Petit requested an expansion to more than four units. Attorney Garganese replied that he could provide further research. Mayor Randels concluded that the Building Official would confer with a representative from DBPR to address the issue. • Mr. Boucher reported that Attorney Rick Torpey for Coastal Fuels, LLC, requested to meet with the City Council on Thursday, October 26"'. Council agreed to meet that day at 5:00 P.M. Mr. Boucher recommended meeting at the Library. • Mr. Boucher reported that he would meet with three groups regarding the road construction costs. • Mr. Boucher reported that there were no telephone complaint calls on Waste Management for Monday's pick-up. • Mr. Boucher commended the City Clerk on the RFP for Group Health Benefits proposal and questionnaire. • Mr. Boucher reported on the results of Banana River Park. He directed the Public Works Director to get a quote from Greenblades to get the field in working order. 2. Staff Building Official • Mr. Morley reported on the status of Code Enforcement. He reported that a Recreational Vehicle camping site started as a mobile vacation rental. Code Enforcement sent out notices and would monitor future activity. • Mr. Morley reported on the identification of liquefied petroleum storage. He posed if Council would prefer this storage as an unlawful or a conditional use. City Clerk • Ms. Stills announced that due to Dexter Rogers' withdrawal from City Council candidacy, Ms. Shannon Roberts was now an unopposed candidate. The only item for the ballot was the referendum question. City Attorney • Attorney Garganese reported that he would like to conduct a Council member workshop on Sunshine Law, Public Records and Council/ City Manager form of government. • Attorney Garganese also reported that he informed Ms. Roberts, as Council -elect, that the Sunshine Law applies to her. City Council Regular Meeting October 3, 2006 Page 10 of 10 AUDIENCE TO BE HEARD: • Mr. Glen Petit informed on a serious health and safety hazard. He stated that Waste Management deposits hydraulic fluid, liquid from unpleasant waste and paint spills on the premises. • Mr. Petit also informed that residents are charged a $60 per month "caster" fee. He stated that this fee is not in the City solid waste contract and he asked the City Attorney investigate the matter. Mr. Boucher informed that that driveway was pressured cleaned on September 22"". • Mr. Moe Ledoux, President of Treasure Island Club Condominium Association, stated that he contacted several other Association presidents and received responses from others who experience poor service from Waste Management. Attorney Garganese stated that the firm could be subject to liquidated damages until the firm performs on the contract. Mr. Nicholas encouraged Mr. Petit and Mr. Ledoux to call Mr. Boucher's office with their concerns. Mr. Petit invited Mr. Boucher to view their operations. 3. City Council Mr. Bruns No report. Mr. Nicholas • Mr. Nicholas requested the smaller 64 -gallon CART containers. Mr. Petsos • Mr. Petsos asked for assistance to the Business and Cultural Development Board and requested that the Board understand that the City is a residential community and not a resort town. Mayor Pro Tem Hoog • No report. Mayor Randels • No report. ADJOURNMENT: There being no further business, the meeting adjoumed at 10:00 P.M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK WHEREAS, city government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits, and WHEREAS, Florida City Government Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all citizens of Florida that they can shape and influence this branch of government which is closest to the people, and WHEREAS, the Florida League of Cities, and its member cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Florida City Government Week offers an opportunity to convey to all the citizens of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, 1, Rocky Randels, Mayor, of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim that the week of October 15th — 21 st, 2006 be designated as FLORIDA CITY GOVERNMENT WEEK and that the City of Cape Canaveral does encourage all citizens, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly and that the City does encourage educational partnerships between city government and schools. Meeting Type: Regular Meeting Date: 10-17-06 AGENDA REPORT AGENDA Heading Consent Item 3 No. Resolution No. 2006-44 CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: RESOLUTION NO. 2006-44, APPOINTING REGULAR MEMBERS TO THE BEAUTIFICATION BOARD DEPTIDIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-44, appointing Mary Jo Laws, Paula Collins and Elizabeth Mars as regular members of the Beautification Board. Summary Explanation & Background: I recommend approval. Exhibits Attached: Resolution No. 2006-44 City Manager' ' e Department LEGISLATIVE cape-nt\cape\myuocuments\admin\council\meeting\2006\10-17-06\2006-44.doc RESOLUTION NO. 2006- 4 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERSTO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181 established the Beautification Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint a regular member to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Mary Jo Laws is hereby reappointed as a regular member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November 1 2009. SECTION 2. Paula Collins is hereby reappointed as a regular member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2008. SECTION 3. Elizabeth Mars is hereby reappointed as a regular member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2007. SECTION 4. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17th day of October, 2006. ATTEST: Rocky Randels, MAYOR Susan Stills, CITY CLERK FOR AGAINST APPROVED AS TO FORM: Burt Bruns Bob Hoog Anthony Garganese, CITY ATTORNEY Leo Nicholas Buzz Petsos Rocky Randels City of Cape Canaveral OC ITY OF GAPE CANAVERAL October 5, 2006 Elizabeth Mars 430 Madison Ave. Cape Canaveral, FL 32920 Dear Ms. Mars: Your term on the Beautification Board expires on November 1, 2006. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 17, 2006. Thank VoUl XIDO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. x , (Signature) Beautif' tion Board, gular Member Sincerely, Susan Stills, CMC CITY CLERK 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: ccapecanaveralgcfl.rr.com City of Cape Canaveral October 5, 2006 Mary Jo Laws 232 Circle Drive Cape Canaveral, FL 32920 Dear Ms. Laws: Your term on the Beautification Board expires on November 1, 2006. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, November 17, 2006. Thank you. A I DO wish to be considered for reappointment. ❑ I DO NOT wish tbe considered for reappointment. (Signature) Mary Jo La a Chair Sincerely, Susan Stills, CMC CITY CLERK 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: ccapecanaveral0cfl.mcom CITY OF CAPE CANAVERAL BEAUTIFICATION BOARD REVISED 10/02/06 Board Meets 2nd Tuesday 7 Regular and 2 Alternate Board Monthly in Annex at 7pm Members per City Code 2-18182-171(m) Two Vacancies MEMBER NAMEIADDRESS TELEPHONE APPT DATE TERM EXPIRES CHAIRPERSON ANDREA SCHAFFNER (H) 868-3088 02-15-05 (Reg) 11-01-07 506 TYLER AVE 05-18-04 aschaffner@cfl.rr.com VICE CHAIRPERSON MARY JO LAWS (H) 783-9548 10-21-03 11-01-06 232 CIRCLE DR (W) 867-9641 11-20-01 Jojoblu232@aol.com 01-18-00 (Reg) 11-16-99 (Alt) 01-03-06 11-01-08 MARTHA CARROLL (H) 799-3538 10-21-03 112 WASHINGTON 11-01-00 Martha.carroll@partdck.af.mil 10-20-98 ELIZABETH MARS (H) 783-0990 10-19-04 11-01-06 430 MADISON AVE (C) 243-3789 11-19-02 jmars@cfl.rr.com 06-20-00 (Reg) 05-02-00 (1 st Alt) PAULA COLLINS (W) 8534581 10-21-03 11-01-06 8708 BAY CT (H) 784-8256 05-18-01 (Reg) BCollinsl9@cfl.rr.com (C) 266-1085 09-06-05 (Reg) 11-01-08 JUDY HALE (H) 783-4246 02-15-05 (1st Alt) 110 WASHINGTON AVE 10-19404 kepfit@juno.com 11-19-02 05-02-00 (Reg) Andrea Rice (H) 784470 10-03-06(Reg) 11-01-09 372 Harbor Drive (w) 784-0284 ricea@brevard.kl 2.fl.us Two Alternate Vacancies Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading consent Item 4 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR THE HALLOWEEN STREET DANCE DEPT/DIVISION: PARKS AND RECREATION Requested Action: City Council consider the approval of Parks and Recreation Department Halloween Street Dance on Monday, October 30th, from 6:30 pm to 8:00 pm at the Annex parking lot as requested by the Parks & Recreation Director. Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Parks and Recreation Director's memo City Manag Department PARKS AND RECREATION cape -nt\xim\mydocuments\admin\council\meeting\2006\10-17-06\hall owe en. doc CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 e—mail: arkandrecdoi.rr.com MEMO: TO: Mayor, Councilmembers FROM: Nancy Hanson, Parks & Recreation Department Director,, DATE: October 9, 2006 RE: Outdoor Entertainment Permit Find attached an Outdoor Entertainment Permit for the Halloween Street Dance (Monster Mash) scheduled for Monday, October 30th from 6:30 to 8:00 p.m. There will be a D.J. playing music at this event. For the safety of the attendees, I am requesting the 1 s� block of Taylor Avenue and the 7400 block of Poinsettia Avenue be blocked of vehicular traffic. I will coordinate this closing with the Fire and Sherifrs Department. Thank you for considering this request. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAIN11dENT PERMIT PermitNo. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: N.A. N C Y H A N S 9 N Title: R Firm: Address: 7300 N o A -1 a n t i. Ave, -- Cape Ganaveral, F1. 32924 Telephone: -1226 FAX. 868-1 2 7,7 Local Contact: Same as above Title: Local Address (if different from above) Type of Event: Monster Mash (hallnwaan strPPt danr.,Q Event Date(s) in Cape Canaveral: Monday, October �Qth Location(s): Date(s) Time Annex parking Int--, act 30th 6-8:30 pm Attach map(s) indicating event area and designated parldng areas. DTrafic Control se of Polic ire Rescue Equipment 'Street Closing DVehicles/Equipment on Beach DOther DVehicle Parking on City Property r xif}'the safety of the atendees street closingr� and • By signing this application, the applicant acknowledges and agrees to the following provisions: TNSTTRANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event:, written within limits of not less than 5300,000.0 dan'iage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than 5500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: El pri da I eaque of C i t i Policy No: Expiration Date: IT_ PROMOVONAL ATrMORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. in. EXPENSESIFEES Tiie applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. N. EXEMPTIONS Nan -profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. - �Ils D a I c& � Ll7,;? Applicant 4Representative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event `Nithin the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 868-1230 Fax: (407) 799-3170 Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading ConSent [tem 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL TO REPAIR STORMWATER INLETS IN THE AMOUNT OF $8,425 DEPTIDIVISION: PUBLIC WORKSISTORMWATER Requested Action: City Council consider the proposal to repair (8) stormwater inlets from Mudrak Engineering & Construction Company in the amount of $8,425 as recommended by the stormwater administrator. Summary Explanation & Background: This is a budgeted item; see attached memo and proposal. I recommend approval. Exhibits Attached: Stormwater Administrator's memo City Manage ' ice Department PUBLIC WORKS/STORMWATER cape-nt\kim\mydocuments\admin\council\meeting\2VUb\lu-ii-U6\stortnwater.doc Memo To: Bennett Boucher, City Manager Through: Ed Garduiski, Public Works Director From: Jeff Ratliff, Stormwater Administrator Date: October 2, 2006 Re: Agenda Item for October 17, 2006 Stormwater Inlet Repairs The City of Cape Canaveral (City) has contracted with Mudrak Engineering & Construction Company (MECO) to perform continuing miscellaneous concrete services. The concrete portions of the stormwater inlets located throughout the City are frequently damaged by heavy trucks and other vehicles. The City routinely inspects all stomlwater inlets for damage - currently, eight (8) stormwater inlets located on Ridgewood Avenue require concrete repairs. MECC has provided a cost estimate of $8,425.00 to perform the concrete repair services for the stormwater inlets. This concrete construction work has been budgeted for FY2006-2007 under System Maintenance (4610) — Stormwater Fund. Recommend: City Council approval of the stormwater inlet repairs with MECC in the amount of $8,425.00. 0 Page 1 Contract Agreement July 28.2006 Mudrali Engineering and Construction Co_ Dale Nludrak P.E., President (Lic. # CB X060403) 21522 Hobby Horse Lane Christmas, FL 32709 Tel 407-568-1833 Fax 407-56&1833 r� To: Mr. Jeff Ratliff City of Cape Canaveral 601 Thurm Blvd- PO Box 326 Cape Canaveral, FL 32920-326 TEL 321-858-1240 FAX 321-868-1233 Scope of Services: We propose to provide all Iabor and materials necessary for the repair of 8 rnaratrole tops as listed below. This will include saw -cutting approximately 4 inches off front for a lend up to 12 feet long. The existing manhole top will then be doweled into to ensure a connection to the new coacrete. The cut -away area will thOn be re -poured utilizing a high strength gout and finished to match the exisri ng grades. A detailed break -down of the manholes are as follov.s: Mwiholc 4 1 Location- Johosau & Ridgewood, Maalx4e 4 2 Location- Johnson & Ridgewood Manhole 4 3 Location- Monroe & Ridgewood Manhole 4 4 Location- Madison & Ridgewood Manhole # 5 Location- Madison & Ridgewood Manhole .4 6 Location- Royal Mansions & R.idgetiv¢od Manhole .4 7 Location- Jackson & Ridgewood Manhole It 8 Location- Pierce & Ridgewood We propose to furnish all material and labor in acrordarrce v�ith the above speciEcat;ons for the sem of Eight Thousand, Four -Hundred Twenty -Five Dollars and 00/104S dZ5.00 Payments to be made as follows: Progressive paYmcnts as ork is completed. full payment is duw within 15 days of completion. f Contractor's Signature: Acceptance of proposal, the above price, specifications, attached general conditions and itemized quote are satisfactory and are hereby accepted. You are authorized to do work as speci$ed. Pa3xuent will be made as outlined above. Owner's Signature: Datc: General Conditions 1. Any alteration or deviation from the specifications, including but not limited to an alteration involving additional materials and or labor, will be executed only upon a written order signed by the owner and contzactor and shall be incorporated in and become part of this contract_ If there is any charge for such alteration or deviation, the additional charge shall be added to the contract price. - 2. If payment is not made when due, contractor may suspend work on the job until such time that all payments due are trade. Failure to make payment for a period in excess of 15 days from the due date of payment shall be deemed a material breach of this contract_ 3. Work shall be completed in a workman -like manner and in c-:ornplianc.e with all building codes and other applicable laws_ 4. To the extent required by law, work shall be performed or administered by indivfduals duly licensed and authorized by law to perforin said work. S. The Contractor may at its diseretion engage subcontractors to perform work hereunder, provided Contractor shall fully pay said subcontractor and in all instances remain responsible for the proper completion of this contract. b. The Contractor shall furnish Owner appropriate releases or waivers of l; en for al; work- performed or materials provided at the time the next periodic payment is due. 7. The contractor ages to remove all debris and leave the premises in broom clean condition. 8. The contractor shall not be liable for any delay due to circturistanzes beyond his comrol including weather conditions, strikes, casualty oar general unavailability of materials. 9. The contractor warrants work for a period of 12 months following completion. u- 10. The contractor reprents that it has purchased and agrees that it will keep in force for the duration of the work in a c.Limpaay lawfirliy authorized to do business in the state of Florida, such insurance will protest the contractor and owner of The site, from claims for loss or injury which rnight arise out of or result from the contractors operation under this project. weather such operation be by the contractor or by a subcontractor or its subcontractor. The contractor represents and agrees that said insurance is written for and sMI be maintained in an amount not less than the limits of the liability required by law. 11. Note that this proposal does not include improvements that are required doe to unforeseen conditions. This includes but is not limited to termite or rot damage. It also does not includr improvements that are required as a result of unforeseen soil conditions. 12. Due to the Fluctuations in material costs, any increases in rnaterials beyond 5°o shall be passed on to the owner. 13. In the unlikely event that Mudrak Engineering and Construction Company, is required to file ci-til action or institute any collection efforts against the customer, the customer agrees to pay any and all costs, fees, expenses, and attomey fees incurred by Mudrak Engineering and Construction Company, regardless of weather suit is actually filed and including but not limited to any and all costs, fees, expenses, and attornry fees incurred on appeal or in any post judgment collection efforts or proceedings. 14. Proposal is good for 60 days. Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Consent Item 6 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL TO CLEAN (2). STORMWATER BAFFLE BOXES IN THE AMOUNT OF $6,000 DEPTIDIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider the proposal to clean two stormwater baffle boxes located on West Central Blvd. and International Drive in the amount of $6,000 by Equitas Sewer Services, LLC, as recommended by the stormwater administrator. Summary Explanation & Background: This is a budgeted item. See attached memo from the stormwater administrator. I recommend approval. Exhibits Attached: Public works director's memo; Proposal City Manage ' e Department PUBLIC WORKSISTORMWATER cape-nt\kim\mydocuments\admin\council\meeting\2006\10-17-06\baffle.doc Memo To: Bennett Boucher, City Manager Through: Ed Gardulski, Public Works Director From: Jeff Ratliff, Stormwater Administrator Date: October 2, 2006 Re: Agenda Item for October 17, 2006 Cleaning and Maintenance of Stormwater Baffle Boxes The City of Cape Canaveral (City) has installed six nutrient -separating baffle boxes on stormwater outfalls located throughout the City. Two of the older baffle boxes have collected sufficient sediment within the boxes to require cleaning and maintenance — the baffle boxes are located on West Central Boulevard and Intemational Drive. The City requested bids from three firms to perform the cleaning and maintenance activities. The baffle boxes are "first generation" structures and cleaning and maintenance are not simple/routine activities. For that reason, two firms elected not to submit bids - the only bid received was from Equitas Sewer Services, LLC (Equitas) in the amount of $6,000.00 ($3,000.00 per baffle box— two days of work). This maintenance work has been budgeted for FY2006-2007 under System Maintenance (4610) — Stormwater Fund. Recommend: City Council approval of the baffle box cleaning and maintenance activities with Equitas in the amount of $6,000.00. 0 page 1 Cost Estimate Summary — Cleaning of Baffle Boxes: 1), Miller Pipeline — no quote. 2). Settled Solids — no quote. 3). Equitas - $3,000 per baffle box. Note: This is a very specialized type of work — few contraetots in the state of Florida. IT2k S Sewer SerVICOS, iLO, d, E, =,U = -... j racsimife Transmittal ,56cet r() Sox 6 1,5o66 Orlando, f]-„ iz66i-8066 ;x+07) 8+,Q-1'tS 3 - 0icr. 307 S+9- ) 8 12 -- Fax To: Jeff Ratliff - From: Ansley Johnson Company: City of Cape Canaveral Date. 0911712006 Fax: (321'o 868-1233 Pages: 5 (Including cover Sheet) RE: Proposal fQr Baffle Sax Cleaning TP -=9VCi d3VOS-zJ?MG:t ZT$TGVSLOp bC:50 900Z/11/80 Client: Cape Canaveral -Water Reciaimari Contact, Jeff Ratliff Address: PO Box'2126601 Thurm Blvd phone: (321) 868-1240 Fax: (321) 668-1233 Gape Canaveral, FL 32920-0326 Date: 8/1 7/2006 Proj(xt Name: Baffle: Box Cleaning Scope: Conduct hydraulic cleaning of two baffle boxes, Quote: Hydraulic cloaning of two baffle boxes at day rate of $1,600.04 in addition to a $1,200.00 day rate for a diver setting plugs and pumping down the systems. If for any reason, due to no fault of Equitas, that the job cannot be completed, it will still be billed at the day rate of $1,800.00 for the cleaning crew and $1,240.00 for the Please Note: Crew Standby time for conditions other than acts of Cod or beyond crew's control during normal work hours will be billed at $150.00 per hour. All prices are based on one mobilization. CLIENT RESPONIBLE FOR PROVIDING THE FOLLOWING CHECKED ITEMS ISI : adequate maps and drawings with manhole and/or line sections clearly identified. approved dumpsite located on the project site for materials removed during ;leaning operations, ;Hent responsible to have pipes clean prior to Equitas' arrival on site. ;,lierlt warrants that the project covered under this agreement contains no hazardous or toxic materials, E Dewatering andlor bypass pumping if required. 8117r006 8:14'44 AM Caps Canaveral-1Nater ReCEdimdtlon. City o&QuoIS 635 Page 1 of 2 bL) box 1 80b, JIT lid r "yJ-IanJc, rL. ;Z8i x-8066 E(�-07 8-1-3-1-#-.3 ! - Of{scr. (+07)' 8 +19-18 12 - F,3X Sewer Services, L.c. (877' 360.-0780..-Foll Frcc Sales Rep. Ansley Johnson Client: Cape Canaveral -Water Reciaimari Contact, Jeff Ratliff Address: PO Box'2126601 Thurm Blvd phone: (321) 868-1240 Fax: (321) 668-1233 Gape Canaveral, FL 32920-0326 Date: 8/1 7/2006 Proj(xt Name: Baffle: Box Cleaning Scope: Conduct hydraulic cleaning of two baffle boxes, Quote: Hydraulic cloaning of two baffle boxes at day rate of $1,600.04 in addition to a $1,200.00 day rate for a diver setting plugs and pumping down the systems. If for any reason, due to no fault of Equitas, that the job cannot be completed, it will still be billed at the day rate of $1,800.00 for the cleaning crew and $1,240.00 for the Please Note: Crew Standby time for conditions other than acts of Cod or beyond crew's control during normal work hours will be billed at $150.00 per hour. All prices are based on one mobilization. CLIENT RESPONIBLE FOR PROVIDING THE FOLLOWING CHECKED ITEMS ISI : adequate maps and drawings with manhole and/or line sections clearly identified. approved dumpsite located on the project site for materials removed during ;leaning operations, ;Hent responsible to have pipes clean prior to Equitas' arrival on site. ;,lierlt warrants that the project covered under this agreement contains no hazardous or toxic materials, E Dewatering andlor bypass pumping if required. 8117r006 8:14'44 AM Caps Canaveral-1Nater ReCEdimdtlon. City o&QuoIS 635 Page 1 of 2 Ejlir a C Sewer Services, LLc_ 'w-) 150 X 6 18 0 6 `i 328 6 1-8066 X407) 8+.9-1 +6 1 - QFfice- (107) 5--Y.-1 8 1 !- Fax ;B 77? 3 60-0780 - Tol, f rcc Sales Rep: Ansley Johnson Removal of debris from cleaning of sewers, manholes and/or wetwelis. �4' "special permits and/or licenses that may be required, xuitable access to manholes as required, including locating and uncovering. :,suitable access to work sites for equipment and personnel. Traffic control, as required, including arrow boards, traffic signs, barricades, flagmen, 1.-afffc cones, poh,-,e, etc. 'Vater for mixing and cleaning, as required, within 10 minutes of the work site, inOuding water meter and backflow. 6',7!2'M 9:14:48 AM Cape Canrarcral .Water Rad&i n tion, City of/Quota 935 Page 2 of 2 E;� 9 d damns sviinJ3 ?terspac©r t'a'60 913aZ/LI��� Equitas Sewer Services, LLC SERVICE AGREEMENT Fax: 407-849-1512 THIS SE:WILE AGREEMENT is rnade this 8117/2006 by and between Equitas Sewer Services, 3801 Vineland Rd., Orlando, Ft. 32811 thereinafter referred to as Equitas), ana Cape Canaverai -Water Reclairrultior, City of whose address is PC Box 326, Cape Canaveral, FL. 32820.0326, Attention: Jef` Ratliff at (312 1) 868-1240 and Fax: (329)_568-1233 (hereinafter referred to as Client). Owner: General Contractor: WITNESSETH that Equitas and the Client, for the considerations hereinafter named, agree as follows: 1. THE PURPOSE of the work covered by this Agreement is: Conduct hydraulic cleaning of two baffle boxes. 2. THE- SCOPE of services provided by Equitas under this Agreement is: Conduct hydraulic c!eaning of two baffi(boxes. 3. THE: SERVICES of Equitas are to be performed at the following location: Baffle Box Cleaning 4, PRICING to be paid to Equitas for services in this Agreement is as follows: Hydraulic cleaning of trio baffle boxes at day rate of $1,800.00 in additlon to a $1,200.00 day rate for a diver setting plugs and pumping clown the systems. If for any reason, due to no fault of Equitas, that the job cannot be completed. it will still be billed at the day rate of $1,800.00 for the Gleaning crew and $1,:%00.00 for the diver. 5. MEASUREMENT for payment to Equitas is as fellows: Hydraulic clearing of two baffle boxes at day rate of $1,800.01) in addition to a $1,200.00 day rate for a diver setting plugs and pumping dorm the systems_ Its for any reason, due to no fault of Equitas, that the job cannot be 6. TE ;MS OF PAYMENTS: All payment for services Is due and payable within 15 days of the date of oslivery of tfie invoice for those services. If checked, Client will be billed by invoice when Equitas` work is completed. i F checked, Client will be billed by Invoice on a bi-weekly basis as the work is being performe Payment shall be deemed received only when actually received at Equitas' above-described address,. 7, CREW STANDBY TIME for conditions other than acts of God or beyond crew's control during wort hours will be billed at "50 per hour. Tnutsday, -,upu$t 17, 2005 Service Agra* mast# at $3 Page 1 of hE -Dvd N3M3S EviT103 7TSTEIVE19b b6:6A 8. CLIENT RESPONSIBILITIES. Client shall provide a legal description of the site where Equitas' services are to be pe, -formed prior to commencement of work. Adoitlonal;y, Client shall provide the follo)Wirg checked items throughout the duration of the project at no cost to Equitas: 1�eAdequate maps a:ri,� dr-awings with rnanhcies and/or line sections clearly identified. ••r Clint warrants that tho pmjact covered under thls agreement contalris no hazardous or toxic materlats. PI-w,ide us with a water hydrant on site. Dewatering and/or bypass pumping if required. izu:rnovai of debris fror) Cleaning of serovars, manholes and/or wetwells. �! Slier I peri -nits and/or llcenses that may be required. Suitable acoreas to m€innoles as requFred, inCILding locating and uncovering. 'rt Traffic control, as required, including arrow board, traffic signs, barricades, fiagment, traffsC Cones, police and et I'L'Suitable aCoess to work sites for equipment and personnel. 4! An approved dump site Located on or within 10 minutes of job site. 4,1 ""ter for mixing and oeaning as required, withln 10 minutes of the work site, including a water meter and bsi_kflow preventer. 9. CLI EENT REPRFSE.NTATIVE: Client will provide a representative at the site where services are to be perlicrrned under this Agreement to: (a) assist Equitas in locating fines and rrianhoies; (b) to act as haisr:n betweert Client and Equitas; and (c) to sign any Equitas change orders and daily work reports at the E.nd of each shift a� Equitas' employees. In the evert Client falls to provide such representative, eller t hereby grants permission to Equitas' drew supervisor to so not'on the signet line of the daily work repots, such notation to be accepted by Client as if signed by Client's representative. 10. CLIENT REPRESSNTATiVE AND WARRANTIES. Client represents and warrants to Equitas as follows: Client specifically grants and represents that the site covered by the Agreement contains no hazardous or toxic ma':e6als. 11. NO -"ICE OF COMMENCEMENT: A Notice of Commencement for the work shall be executed by Client and ,hal: be provided by Client to Equ'.tas prior to performance of ary work by Equitas. 12. WA! :KING: Working near or behind plugs for pipes or piping is dangerous. If this job requires plugs, ples:ie ask for and read the Safety Instruction Manual provided by Cheme industries, Inc., which des+ rites some or these dangers. 13, EQUITAS' GENERAL CONDITIONS attached hereto constitute a part of this Agreement as if set out on the "ace hereof and acceptance of this Agreement shall be deemed as acceptannce of each and all of said terms and conditions. 14. ViSC;LAIMER, INDEMNITY AND EXCULPATION. EQUITAS SHALL HAVE NO LIABILITY W14ATSOEVER AND CLIENT HFPI:81' RELEASES EQUITAS AND AGREES TO INDEMNIFY AND HOLD EQUITAS HARMLESS FOR AND FROM ANY LIAE ILITY FOR ANY DEATH OR PERSONAL INJURY OR ANY PROPERTY DAMAGE OCCURRING IN OR AROUND THE SITE: WHERE SERVICES ,ARE TQ BE PERFORMED INCLUDING. WITHOUT LIMITATION, THAT LIABILITY CAUSED BY THE=AILURF OF ANY PLUG TO P EMAIN LODGED IN ANY PIPE OR PIPING OR CAUSED BY THE FORCIBLE EJECTION OF AV PLUG OR PORTION THEREOF FROM WHERE IT WAS INSTALLED IN ANY PIPE OF PIPING WHETHER OR NOT $WF WAS CAUSED DY N,NY ACT OR OMISSION OF EQUITAS OR EQUITAS EMPLOYEES OR AGENTS AND WHETHER OR [,OT SUCH ACT ORCMISSION WAS NEGLIGENT OR RECKLESS. INCLUDED WITHIN THE FORFGOiNG, WITHOUT LIN11 TATION, iS ANY DEATH OR INJURY TO A PERSON OR PROPERTY DAMAGE CAUSED BY DROWNING OR BY THE COL LIS!ON OF A PLUG, OR PART THEREOF, OR OTHER OBJECT, WITH ANY PERSON OR PROPERTY. '74EGLIGENT' AS Ll W HEREIN, SHAD. MZAN BOTH SIMPLE NEGLIGENCE AND GROSS NEGLIFENC:E. IF REQUIRED 9Y EQUITAS, CLIENT SHALL DELIVER TO EQUITAS A RELEASE OF LIABILITY FROM ANI' OF CLIENTS EMPLOYEES OR CONTRAC?QRS'N SuCr. FORM AS EQUITAS WILL REQUIRE, ACCEfI TED BY CLIENT: �utt+ortxe -' Signature tate ACCEPTED BY EQUITAS: Authorised $fgr:8tur8 Name anfkl*' {Print} -_ . --- — Name and Tide (Print) Thursday..Ijj�just 17, 2D06 Service Agmrnrant t 5183 DAL, Page 2 of 2 i�0,13S -7.vii o-3 --1816va!8r• 17e:.-,0 9i]07// TlSG Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Consent Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL TO CONSTRUCT SIDEWALKS ON MONROE AND POLK AVENUES IN THE AMOUNT OF $36,937 DEPTIDIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the proposal to construct sidewalks on Monroe and Polk Avenues in the amount of $36,937 by Mudrak Engineering and Construction Company as recommended by the public works director. Summary Explanation & Background: This is a budgeted item. See attached memo from the public works director. I recommend approval. Exhibits Attached: Public works director's memo; Proposal City Manager' a Department PUBLIC WORKS/STREETS cape-nt\kim\mydocuments\admin\council\meeting\2006\10-17-06\sidewalks.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: October 4, 2406 SUBJECT: City Council Agenda Item for October 17, 2006 Monroe Avenue Sidewalk Construction Polk Avenue Sidewalk Construction Mudrak Engineering & Construction Company The City of Cape Canaveral awarded RFP no. 06-01 to Mudrak Engineering & Construction Company on April 4h, 2006 to perform continuing miscellaneous concrete Services. This year as part it the City of Cape Canaveral's Prime Path continuing project the north side of Monroe Avenue is recommended by staff to be constructed. As part of this project all of the intersection shall conform to the ADA requirements. This project entails the construction of 318 feet of sidewalk at a cost of $13,291. In addition, 22 linear feet of sidewalk will be removed and replaced to meet ADA requirement at a cost of $3,500. The total cost for the Monroe Avenue project is $16,791. Attached are the project details. The Second part of this project is to construct a sidewalk along the north side of Polk Avenue. This project entails the construction of 482 linear feet of sidewalk at a cost of $20,146. Attached are the project details. These two sidewalk projects are part of the City's Prime Path Plan. The total cost is $36,937. Funds budged for this year is $35,000 having a short fall of $1,937. Recommend approval of the Concrete Construction Services with Mudrak Engineering & Construction Company in the amount of $36,937. Attachments Contract. Agreement September 28, 2006 Mudrak Engineering and Construction: Cn_ " Dale Mudrak P.E., President (Lic. ' CB 0060403) 21522 Hobby Horse Lane Christmas, FL 32709 Tel 407-568-1833 Fax 407-568-1833 To: 1Vis. Kay McKee Cit}: of Cape CacatiTerai 601 Thurm Blvd- PO Box s26 Cape Canaveral, FL 329,20-326 TEL 321-868-l242 FAX 321.-858-1233 Scope of Services: We propose to provide Al labor and materials necessary for t_ -ie construction of 319 feet of sidewalk- located idewalklocated on the north side of Monro.- Avenue in the City of Cape Canaveral. FI__ The proposad sidewalk will be 4 feet wide, 4 inches thick, rain 3000 -PSI concrete with fibermesh, expansion joints every 30 feet and cons ruction joints every 5 feet. Driveway crossings will. be 5 inches thick All disturbed areas Will be sodded. Traffic control will also be provided during constmetion. Imurir s will be utilized ai street crossings. A detailed break -down of the areas is as folln- v s: North side of Monroe Avenue Ridgewood Avenue to N. Atlantic Avenue Section # I Location- Four Winds Apartments Length -15 feet Grade removal and back -slope Section 9 2 Location- Rcisaland Avenue to 418 Mot- roe Avenue Leneth-54 feet Grade removal and backslope Section #t 3 Location- Magnolia Avenue to West Length -l0 feet (steep S1t3pe not to ADA standards) Grade removal and backslope Section 4 4 L*;;ation- 350 Monroe Avenue Length-] 6 feet Gracie removal and back slope Tree removal Section # Location- 330 Monrue Avenuc Length -19 feet Grade removal and back slope Section T b Location- 350 Monroe Avenue Length -10 feet Grade removal and back slope Section 14 7 Location- 350 Monrce Avenue Length -4 feet Grade removal Section # S Location- Orange Avenue to west Length42 feet Grade removal and back slope Section At 9 Location- 280 Monroe Avenue Length -78 feet Grade removal Tree rcrooval Section # 10 Location- 270 Monroe Avenue Length -53 feet Grade removal One -12 foot driyeways b inch thick Section # i 1 Location- 104 Monroe Avenue Length -7 feet Grade removal Legal Description: (legal description to be provided) City of Cape Canaveral Monroe Avenue We propose to furnish all material and labor in accordance xith the abov;: speeificatioas for the sulm of Thirteen Thpusand, Two -Hundred Ninety-one Dollars and Oiy1100 L13 91.0Q Alternate 4 1 Removw 22 feet of existing sidewalk at location #3 to meet ADA grade Standards, ru- graide, St. Augustine sod, replace irrigation, pour new sidewalk Amount — 53500 Payments to he made as rallcrers: Full payrnent is due urithsn 14 days of corrpletior._ :+ A _ Contractor's Sura#vre: � t sr' •� Acceptance of proposal, tl-te above price, specifleationx, at=,ac[�ed genu? oor,& ions a_ -id iterritc,1 quote are satisfactory and are hereby accepted. You are awhcrized to dc, ,Rork µs speeifi=,,d. Pa>r:cnj will be made as outlined above. Owner's Signature: Date Geueral Conditions i. Any alteration or deviation from the speailications. including but riot'iwited to an :iherLf.01E involving additional materials and or lac,,-, will, be executed only ulx)r; a wr?tten order sizped by the owner and contractus: and shall 'be incorporated in and bec-orale part C'fthis contract. I3' there is any charge for sus h alteration or deviation, the additional charge shad b., addell to the contract price. 2. If payment is not mad., when due, contractor may su3pend work on :he jct until such tient that all payments due are made. Failure to make payment for a period in excess of 15 dx s from the due date of payment shall be deemad a material breach oftlh.is contract. 3. Work shall be completed in a. workman -like manner and ir_ compliance wird: all build n.2 eocis and other applicable laws. 4. To the extent required by taw. work shall be performed or administ:red by �Itily licensed and authorized by tau to perform said work. 5. The Contractor may at it discretion engage subec nirac ors to porforrn work- hereLmder, provided Contractor shall frilly lay said subcontrewtor and in all instances rem -air, responsible for the proper completion ofttis contract. 6- The Contractor shall ;urnish Owner appropriate releases or waivers of lien for a l work- performed or materials provided at tt:e time the next periodic paymeni is due. ?. The contractor agrees to remo4e all debris and leave the. premises in brown clear, con ht_�)r;- 8. The contractor shall not be liable for any delay due to b--Voad his cc nul—ri including weather conditiorts, strikes, ;as ualtv or general unavaiIabiliry*ef materiais. 9. The contractor warrants work for r. perioj of 12 montes` fLilowic a completi©Ts. MThe contractor represents that it has purchas= d and anrees that it will keep i.; .6�rce fer r� duration of the work in a company lavTul.?y authorized to do bus iners in L e state of a. such insurance will protest the contractor and owner of the site, from claims for lois or injurer which might arise nut of or result from the contractors operatier- under this pro ec', weather such operation be by the contractor or by a subcoatractor or its subcontrac_or. Tie contractor represents and agrem, that said ir,3urance is written for and shall ba m<-dnt:itled an arnvunt not less than the limits of the liability requited by law. 11. Note that this proposal does not includt irrproycmcnts thsl are requires due io twffore3.-�--r. condidous. This includes but is not limited to terrnite or rot damage, It ;also doe rot in—,I sde improt7etments that are required as a result of un.Eoreseen soil conditions. 11 Due to the Fluctuations in material costs, any inerea.s s in materials b_vorid 5% s Mll ba passed to the owner. 13. in the unlikely= event that Mudrak Engineering, and Constnre6 a Company, is required to t1le eiVi' action or institute any co;iection efforts against the customer, the cjs-,.ome— agnzes to p�A., .Any end all costs, fees, expenses, and attorney foes incurred by Mudrak Engineers. g and ; A)fvst,uct:011 Companys regardless of weather suit is actuaily filed and inJudingimt rot tiuiireil to a my and ?di IP MAS, fees, expenses, and attorney fees incurred on appea! or in any, lost tud rrfxi colr.c.ticrz efforts or pm-,ceedirrgs. 1=1. Proposal is gond for 60 day=s. Contract Aueemen.t September 28, 2006 Madrak Engineering and Constriction C6 Dale Mudrak P.E_, President (Lic. # CB,C060403 ) 21 h22 Hobby Horse Lane Christmas, FL 32709 Tel 407-568-1833 Fax 407-568-1833 To- Ms. Kay McKee Cil.y of Cape C may ,—J 601 Thorm Blvd- PO Box 326 Cape Canaveral, FL '529:0-326 TEL 321--868-1242 FAX 331-868-1233 Scope of Services. We propose to provide all labor and materials ncecssary for the constructioL of 482 fret of sidewalk Iocated on the north side of Polk Avveaue in :hc City of Cape Canaveral, FL. ' le prt,I.OSed sidewall, will be 4 feet wide., 4 inches thick, min 3000-PS11 covtrete with fr'OerrrIeSrL expansion 'o rl;s e "M- 30 feet and construction joints every z feet_ D-iveway LTossirigs N7, ll be 6 inebes thi.ek All distwbed areas wij be sodded. Traffic controi will also be provided duringoristruct[on. imprints will be utilized at street crossings. A detailed break -down of the areas is as foi lows : North side of PaLk Avenue Section # l Location- 42fi Polk Avenue Length -54 feet Extensive Grade removal and backslope Section # 2 Location- North-west intersection at 'Magnolia Avenue Length -26 feet Grade removal and backslopz 'lice removal Imprint at Magnolia Avemx- Section # 3 U)cation- 366 Polk Avenue Length -92 feet Grade removal ar-d backsiope Twi.i -? 2 foot driveways 6 inch thick Tree removal Dtivcw&y re -grading Section f 4 Location- 354 Polk Avenue Lente -1l feet Grade removal and back slope Section 4 5 Locatiot?- 266 Polk Avenue Lmgth-28 feet Grade removal and hack slope 5t. Augustine sod and irrigation modification Imprint at intersection Section # 6 Location- 266 folk Avenue Length -22 feet Grade removal and back slope St. Augustine sod and irrigation modification Section # 7 Lmation- 256 Polk A venue Length -29 feel Grade.' root removal and track: slope Section # 8 Location- 256 Polk venue Length -16 feet Grade removal and hack slope St_ Augustin sod and irrigation modificatidn Section # 9 Location- 246-236 Polk Avenue Length -92 feet Grade rernoval and back slope Tree removal St. Augustine sod and irrigation modification Section # 10 Lavation -236-:26 Folk Avenue Length -7 feet Grade removal and back slope Section # 10 Location- 226-216 Polk Avenue Lent h-115 feet Crrade removal and back -slope One. - 12 font driveways 6 inch thick Imprint at intersection Legal Description; (legal description to he provided) City- of Cape Canaveral Polk Avenue We propose to fWrnisb all mateenal and labor in accordance with the 001e spccificitions fcir the swn of Twenty Thousand, One -Hundred Forty -Sic Dollars and 001100 (520146.00) Payments to be madr as follows, Progressive paymernts as xkozk is completed. Full payment is djJe within 15 days of completion. f t114Contractor'sSigaatnrer '' .� ",. , �', .acceptance of proposal, the above price, specifications, at~ad,,ed general coaditic ma a d iten ized quote are satisfactory and are hereby accepted. You are autfiorired to dv ryrk as spe:;ifli& ,L%41 be made as outlined above. Owner's Signature: Ceneral Conditions L Any alteration or dev�iatioa from the spgeifications, nciuding but izot limited to ar, Micrat' z M olvirrg additional materials and or lobo-, will be exi2�cutod or_ly upon a Y,rit-cn order signed by the Owner and contractor and shall be incorperated in and becorr:e part of ti contrat,t. If there is any charge for such alteration or deviation, she adaitionai charge shat! be added trr the contract price, I ff payment is not snade when due, contractor may suspend work on the job until sruc:c Ooze that all payments due are made. Failure to snake payment for a period in excess of 15 & from the due date of payment shall be deemed :a material breach of this contract. 3. Work shall be completed in a workman -like manner and in comFiians a will= all buiIciing codes and other applicable laws. 4. To the extent required by law, work- shall be performed or administered by indi VidFrais duly licensed and authorized by law to perform said work_ 5. The Contractor may at its discretion engage subcontractors to perform wort_'re�mdcr. provided Contractor shall fully pay said subcontractor and in all insmaces rennin responsible for the proper completion of this contraci. 5. The Contractor shall fisrnish Owner appro~ariatc; releases or waivers cif lien fer all work perform Wd or materials provided at the lime the next periodic payment is due. 7. The ;;umractor agrees to remove all debris and leave the premises in broom clean cord tior, 8. The con -tractor shall not be liable for any delay due to circums*ances beyc3�-Id hs contra, including weather conditions, strikes, casualty or general alit mvUabiiity ofmaterals. 9. The contractor warrants work for a period of 12 months following completion., 10. The contractor represents that it has p*.txchased and agrees that it will keep in force for the duration of the work in a company lawfully authcrizcd to do business in the state of Flvnda, such insurance will. protest the contractor and ovmer of the site, from, claims %: r loss or injury which might arise out of or result f-orn the contactors operation ander ,!, ietit. Avea&l er such oNration Ne by the contractor or by a subcoatractor Cir its ses'xont, 3cxor. Th'c contractor rcpresents and agrees that said instffaUCe i~ W iftn for and sl:-2.li be rnainzalned it an amotmt not less than the lint of the liabi lite required by law. 11. Note that this proposal does not include impro 'e_ments thal am rNuired due to urforesee,i conditions. This includes but is not limited to termite or Tot d"iaee. ft alao dcx s riot iac,udc improvcnments that are required as a result of uafurescen soil caaditicns' 12. Due to tl'o Ructuat:ons tit materia; costs, any increases in materials beycad i% shall lie Massed Ezra to the ow-ner. A. In the unlikely event that ltludrak En�ineer-fng and Constructi+n Company, is re aired to Ale Civil action or institute any collection efforts agai,st thr CUYLLOrsrer, the customez agree; to pay any ar,d all costs, fees, c1-ponscs, and attorney fees incurrcd by '-iI'abrak Engineering and Construct IM, Company, regardless ofweather shit is actually filed and including but not limited to any ares iii costs, fees, expenses, and attorney fees incurred on appeal or in any post €;domew collec•.tio x efforts or proceedings. 14. Proposal is good for 60 days. City of Cape Canaveral PRIME �AT kk r- OAK- --�.�_, NORTH-S`+omm SR Alk sit 401- ORA ME AVOM ROSALIND AVENUE utrtmoes_ RIDGRWOCD AV== . L PAST -WEST --_ CEMAL BOULEVARD'S - NASRarGTON AVIME _ - M0"10E ATOM - POLE AYEPM- BUMNAN AYEXUE _ 94 Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Consent [tem 8 No. Banana River Park - $11,368.72 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: LANDSCAPING SERVICES FOR CENTER STREET PARK, BANANA RIVER PARK, MANATEE PARK AND SOUTH DRAINAGE DITCH DEPTIDIVISION: PUBLIC WORKS/BEAUTIFICATION Requested Action: City Council consider the proposal form Nick's Landscaping for additional landscape services in the amount of $17,053.92 as recommended by the public works director. Summary Explanation & Background: Beautification fund: Center Street Park - $ 2,215.20 Banana River Park - $11,368.72 Manatee Sanctuary Park - $ 1,870.00 Total Beautification Fund - $15,453.92 Stormwater Fund: South Ditch Slop Mowing - $ 1,600.00 TOTAL ADDITIONAL SERVICES - $17,053.92 See attached memo and proposal. I recommend approval. Exhibits Attached: Public works director's memo; Nick's Proposal City Manager's Department PUBLIC WORKS/BEAUTIFICATION cape-nt\kim\mydocuments\admin\council\meeting\2006\10-17-06\nicks.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski 44110 Public Works Director DATE: October 6, 2006 SUBJECT: City Council Agenda Item for October 17th, 2006 Nick's Landscaping and Mowing Additional Areas In the year 1999, Council had requested that Staff arrange the City's two mowing contracts to terminate at the same time so that one larger contract could be advertised for bid. Hence, on January 23, 2000 the City advertised for landscape services for the City rights-of-way and the Treatment Facility. As the result, the City received three (3) bids and Nick's Lawn Services was the low bidder. This original bid award was an annual contract that was renewable yearly for five years. City Council awarded Bid 2000-01 to Nick's Lawn Service on March 7, 2000. On March 6, 2001, March 19, 2002, March 2003 and March 2004, City Council renewed Nick's Lawn Service for a second, third, fourth and fifth year. Although Nick's Lawn Service had acquired additional expenses and cost increases throughout the years, Nick agreed to absorb cost increases and honor the original bid line item prices for the past five years. At the end of the five-year Contract period, Staff advertised for bids for an Annual Landscaping and Mowing Contract on February 54`, 2005. The Public Bid Opening was held at the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida, at 3:15, Monday, February 28" 2005. The City received two bid packages. Nick's Lawn Service was the low bidder in the amount of $143,365. Bid 05-02 is an open-ended contract. City Council awarded the Bid 05-02 March 15, 2005. Nick's Lawn Service work has been satisfactory and responsive to the City of Cape Canaveral's needs. In 2006 Nick's Lawn Service requested a 4% price increase of $5,735. This was the first price increase Nick's had requested. Staff reviewed the request and found the price increased justifiable. The award of the bid is a unit price contract based upon work satisfactorily performed within the bid areas and payment will be through the appropriate funds (i.e. Enterprise Fund - $13,322, Stormwater Fund - $1,768 and Beautification Fund $134,009). The Total Contract price is in the amount of $149,100 and was prorated per budget year. City Council approved the unit price increase on March 15'h, 2006. With the increased area to maintain, Staff recommends to add the Banana River Park, Center Street Park and the Center Street Right -of -Way Landscaping to Nick's Landscaping Agreement. Attached is the proposal from Nick's. The total annual increase to the Beautification Fund will be $17,503.20. Recommend the Annual Landscape and Mowing Contract to include the Center Street area and the Banana River Park area. 1-0106/2006 FRI 16;12 FAX 321 459 3409 Lawn Service Landscaping Irrigation Fully Stocked Greenhouse City of Cape Canaveral 105 Polk Avenue P. U. Box 326 Cape Canaveral, FI, 32920 Aral: flay McKee Professional Landscape Maintenance A Woman Owned Small Business" 2001!002 Wholesale Mulch Pressure Cleaning Tractor Work Parking Lot Sweeping 06 October 2006 The fallowing is the cost for lvlowinl- operati.ous on Center Street Park & Landscaping the two strips Of Plants on Center Street, Banana River Park, lulanatee Park & South side of the Cape Canaveral Ditch: Bid Area I Location dumber of visits Cost Center St. Park (Area I - Mowijg) as scheduled $25.00 (per visit) Center Si. Landscape Areas (Arca I - Hcc{ge Trimming) as scheduled ti �• t� 5U (per visit,) Center St- Park [Asea I - Palm Trimming 1:3 5 )) once a year 518.72 (per tree) Banana River Park [Soccer Field] (Arca 3 - Mowing) as scheduled $64.00 (per visit) Banana River Park �Camrnon Areas]* (Aria I - Mowing) 8- scheduled $150.00 (per visit) *(Play Gromid, Parking Lot, Landscape Buffer) Banana River Park (Area t - Hedoe Trimming) per request p q $55.04 (per visit) Banana River Park [Area t - Palm Trimming (25)J once aear � Y $18.7 (per trY;e) 140 North Tropical Trail, #18 0 Merritt Island, Florida 32953 Phone_ (321) 453-8910 9 f -ax: (321) 459-3409 0 E-mail, nicsiawn@bellsouth.net 10/06/2006 FRI 16;13 FAX 321 459 3409 002/002 Rid Area ii Location Banana River Park (Area 11— Row Mov, ing)* *(.Shoreline area down to the river's edt,,e) Number of visits as schedulcd Manatee Part: (Area IT — ROW Mowing)* as *(West side of the boardwalk to the shoreline the cntirL length of he park) led Bid Area IV Location South Part of Cape Canaveral Ditch (Area TV Siope Mowing) NICK STIPANOVTCFT Vice-president Number of visits once every 3 inont)ts Cost $110.00 (per visit) $110.00 (per visit) Cost $400.00 (per visit) Addendums - Nick's Center Street Park Area 1 Mowing Area 1 Hedge Trimming Area 1 Palm Trimming Banana River Park Area 1 Soccer Field Area 1 Common Areas Area 1 Hedge Trimming Area 1 Palm Trimming Area II ROW Mowing - Shoreline Manatee Park Area II - Shorline South Ditch Area IV - Slope Mowing Number Cost each Total 42 $25.00 11,050.00 12 $42.50 510.00 35 $18.72 655.20 42 $60.00 2,520.00 42 $150.00 6,300.00 12 $55.00 660.00 25 $18.72 468.00 17 $110.00 1,870.00 17 $110.00 1,870.00 4 $400.00 1,600.00 GRAND TOTAL 17,503.20 Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Consent [tem 9 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PROPOSAL FOR HOLIDAY LANDSCAPING IN THE AMOUNT OF $12,060 BY GREEN BLADES OF CENTRAL FLORIDA DEPT/DIVISION: PUBLIC WORKSIBEAUTIFICATION Requested Action: City Council consider the proposal for holiday landscaping in the amount of $12,060 by Green Blades of Central Florida as recommended by the public works director. Summary Explanation & Background: Holiday poinsettias are to be planted in (18) locations around the city. See attached memo and proposal. I recommend approval. Exhibits Attached: Public works director's memo; Proposal City Manager's Department PUBLIC WORKS/BEAUTIFICATION cape-nt\kim\mydocuments\admin\council\meeting\2006\10-17-06\greenblades.com MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works I �irector DATE: October 6, 2006 SUBJECT: City Council Agenda Item for October 17, 2006 Continuing Landscaping Agreement Purchase for Poinsettia The City of Cape Canaveral advertised for Continuing Landscaping and Maintenance Services. RFP no 05-03 and was published in the Orlando Sentinel and Florida Today once on Monday, August 8th, 2005. Qualified firms that were knowledgeable, competent and experienced in planning, designing, constructing, maintaining landscaped areas and performing related services to Landscaping and Maintenance were invited to submit a technical proposal. Selection will be made in accordance with the Florida Statutes 287.055, Consultants Competitive Negotiations Act. The Public Works Director reviewed all of the proposals and on September 20'h City Council approved the ranking of the firms. Staff was able to negotiate a contract agreement. On December 6, 2005 City Council approved the contract agreement for Continuing Landscaping and Maintenance Services, RFP 05-03, with Green Blades of Central Florida. With the up coming winter Holidays it is necessary make advance purchases of holiday plants. Green Blades of Central Florida has submitted a proposal for the purchase and installation of 2,000 Poinsettia in the amount of $12,060. A staff has reviewed the proposal and recommends the purchase of Poinsettias early in the year to reserve quality plants from the nursery. The six- inch (6") plant pot size is the same as the City had purchased last year. The planting location will be the same as the past years as depicted on the map enclosed. Attached is the proposal from Careen Blades of Central Florida. Recommend the purchase and installation of Poinsettias from Green Blades in the amount of $12,060. F, 9TP City of 51 Map Miller Legg Marc Data Source: Brevan City of Cape Canave Zoning layer may nol MILLER%XLEG R1)ru( :erg-+er' pal..r _ c�alaz�o5 Frz-�.I Rye PSA sty e; �r�� r1cL C) k 0 o d o / � q9 / a a 7 2 d 0 0 SR 3 k 2 66606 � 0� ci o � C\1 C,4 22R C 2k 0- CL f ƒ E 0 c � \ / e co f U % % � to ■ -0 2 m � @ ! k 0 ± 0 \� /� k @ 8.0 \-1 0 R\ / > \ k� � Z a % e=_0 Sf% 2 Ln ao -0 > E k a �� �meCl � � \ S \\\\ d 0 0 0 0 0 0 SR \\q\% k 2 66606 0� ci o CL C\1 C,4 22R \ 2k 0- S \\\\ d 0 0 0 0 \ 0 0 ƒ k w E 0� k � CL 7 22R \ 2k 0- CL f ƒ % a 0 $jig oEa4 (atm� \ / / co \ 0 0 m 6 t 0� k � » t / CL 2k 0- CL f ƒ 2 E 2 � (atm� \ / \ ca C, C> � �| a o a o 3 0 o d 000mcmm � gomoR�m oawa000 . y 6 t k � \ k k ® 2� 2k? CL f ƒ [ ± ^ rJ■eon oii: Ic&Nm 22 //\0 e q U_ LL U-» » w @ @ 2 e u m m 0 m ± m e = D o D o ■ _ = Cr e oocm@me 2 $|k ; a 51a a|m Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading consent Item 10 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: CANCELLING THE REGULAR MEETING OF NOVEMBER 7TH AND SCHEDULING A SPECIAL MEETING TO CERTIFY THE ELECTION RESULTS ON NOVEMBER 9TH DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the cancellation of the November Th Regular City Council Meeting and the scheduling of a Special Meeting to certify the election results. Summary Explanation & Background: November 7' is election day, and we are required to certify the election results within (3) days after the election. I recommend approval. Exhibits Attached: City Manager's a Department LEGISLATIVE Cape-nt\kim\mydocuments\admin\council\meeting\2006\10-17-06\cancellation.doc Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Consideration Item 11 No. and master planning AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSED CONTRACT FOR CITY HALL/POLICE DEPARTMENT NEEDS ASSESSMENT AND DESIGN IN THE AMOUNT OF $51,678 DEPT/DIVISION: ADMINISTRATION/CITY MANAGER Requested Action: City Council consider the proposed contract for the City Hall/Police Department Needs Assessment with the top ranked firm from RFQ No. 06-04, Architects Design Group, Inc., in the amount of $51,678. Summary Explanation & Background: The agreement is in Standard AIA format, 1997 Parts 1 & 2. Attachment "A" - details the scope of services for the spatial needs assessment, inventory of City facilities and master planning Attachment "B" - additional services - outlining liability Attachment "C" - additional services, interior design, offsite civil engineering, landscape architectural, site and building identification/graphic design, etc. Attachment "D» - hourly rates Attachment "E" - professional fee allocation - Phase I Task One - spatial needs assessment = $23,498 - Phase I Task Two - inventory of City facilities = $5,616 - Phase I Task Three - master planning = $22,564 Phase II will not proceed until City Council authorizes after all Phase I tasks are complete. This is a budgeted item funded with General Government Impact Fees. I recommend approval. Exhibits Attached: Proposed Contract City Manager's Department ADMINISTRATIONXITY MANAGER cape-nt\kim\myciocuments\admin\ccuncii\meeting\zuub\iu-Ir-ut\neeasassessment.aoc Document B141'- 1997 Part 1 Standard Form of Agreement Between Owner and Architect with Standard Form of Architect's Services TABLE OF ARTICLES 1.1 INITIAL INFORMATION 1.2 RESPONSIBILITIES OF THE PARTIES 1.3 TERMS AND CONDITIONS 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS 1.5 COMPENSATION AGREEMENT made as of the Seventeenth day of October in the year Two Thousand Six (In words, indicate day, month and year) BETWEEN the Architect's client identified as the Owner: (Name, address and other information) City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 and the Architect: (Name, address and other information) Architects Design Group, Inc. P.O. Box 1210 Winter Park, Florida 32790 For the following Project: (Include detailed description of Project) Cape Canaveral City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida Phase One: Programming (Needs Assessment), Inventory of City Facilities, Master Planning. Phase Two: Facility Design, Construction Documents, Bidding and Construction Administration. As per the R.F.P. issued by the City in 2006. See Attachments. The Owner and Architect agree as follows: ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Init. AIA Document 0141 T" —1997 Part 1. Copyright (J 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA UocUmant is prolerted by U.S. Copyright Law and Internaonnak Treaties. Uriutharized reproduction or distribution of this AIADncumoot_ ni any portiun of itmay lesult in severe civ,I and criminal penances, and will be prosecuted to the maximum extent possible under the taw. This document was produced by AIA software a1 12:30:19 on 10/1112006 under Order No.1000237524_1 which expires on 51812007, and is not for resale. User Notes: (3058147762) ARTICLE 1.1 INITIAL INFORMATION § 1,1.1 This Agreement is based on the following information and assumptions. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable," "unknown at time of execution" or "to be determined later by mutual agreement.") § 1.1.2 PROJECT PARAMETERS § 1.1.2.1 The objective or use is: (Identify or describe, if appropriate, proposed use or goals.) Planning, Design, and Construction Administration Services for the Facilities noted herein. § 1.1.2.2 The physical parameters are: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports about the site.) To be located on City owned property consisting of approximately three (3) city blocks, commencing at the northeast corner of Highway AIA and Polk Avenue. § 1.1.2.3 The Owner's Program is: (Identify documentation or state the manner in which the program will be developed.) The facility is primarily estimated to consist of approximately 37,000 square foot as per the City Hall, Annex and Police Expansion Study. This program will be modified during Phase 1, when a detailed building program will be prepared. § 1.1.2.4 The legal parameters are: (Identify pertinent legal information, including, if appropriate, land surveys and legal descriptions and restrictions of the site.) Not Applicable (N/A) § 1.1.2.5 The financial parameters are as follows. 1 Amount of the Owner's overall budget for the Project, including the Architect's compensation, is: Not Applicable (N/A). .2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's compensation, is: To Be Determined (TBD). § 1.1.2.6 The time parameters are: (Identify, if appropriate, milestone dates, durations or fast track scheduling.) The Architect shall complete all Services required by Article 2.1 through 2.4 (inclusive) of the "Standard Form of Architect's Services: Design and Contract Administration". The Architect shall complete all other Services required of the Architect under the "Standard Form of Architect's Services: Design and Contract Administration", in a timely manner as may be appropriate to the Project. Schedule to be determined within twenty (20) days of the Notice to Proceed. § 1.1.2.7 The proposed procurement or delivery method for the Project is: (Identify method such as competitive bid, negotiated contract, or construction management.) Design — Bid — Build, final determination shall be made at completion of Phase One Services, § 1.1.2.8 Other parameters are: (Identify special characteristics or needs of the Project such as energy, environmental or historic preservation requirements.) Not Applicable (NIA) Init. AIA Document B141 T — 1997 Part 1. Copyright Q 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WAFIICNG: This AIADoCllmrnt rs prolected by u 5. Copyright Law ana hiternat,onal Tre.�lres 2 Unputhoilzed reproduction or distnbulron of thio AIA Document, or airy partimn ut it may resuft in sever._ :iv:: and cunrnar penja tws. ancf veil be prosecuted to the maxim urn extent possible under the law This document was produced by AIA software at 12:30:19 on 1011112006 under Order No.1000237524_1 which expires on 5!8!2007, and is not for resale. User Notes: (3058147762 § 1.1.3 PROJECT TEAM § 1.1.3.1 The Owner's Designated Representative is: (List name, address and other information.) To be established by the City of Cape Canaveral, Florida, consisting of members of the City Staff, Brevard Sheriff's Department and the City established Building Committee. § 1.1,3.2 The persons or entities, in addition to the Owner's Designated Representative, who are required to review the Architect's submittals to the Owner are: (List name, address and other information.) To be established by the City of Cape Canaveral, Florida. § 1.1.3.3 The Owner's other consultants and contractors are: (List discipline and, if known, identify them by name and address.) Not Applicable (NIA) § 1.1.3.4 The Architect's Designated Representative is: (List name, address and other information.) Kevin Ratigan, AIA, Sr. VP, and Ian A. Reeves, VP Architects Design Group, Inc. 333 N. Knowles Avenue Winter Park, Florida 32789 § 1.1.3.5 The consultants retained at the Architect's expense are: (List discipline and, if known, identify them by name and address.) To be Determined (TSD) § 1.1.4 Other important initial information is: Not Applicable (N/A) § 1.1.5 When the services under this Agreement include contract administration services, the General Conditions of the Contract for Construction shall be the edition of AIA Document A201 current as of the date of this Agreement, or as follows: With modifications. § 1.1.$ The information contained in this Article 1.1 may be reasonably relied upon by the Owner and Architect in determining the Architect's compensation. Both parties, however, recognize that such information may change and, in that event, the Owner and the Architect shall negotiate appropriate adjustments in schedule, compensation and Change in Services in accordance with Section 1.3.3, ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES § 1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective obligations under this Agreement. Both parties shall endeavor to maintain good working relationships among all members of the Project team. § 1.2.2 OWNER § 1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. AIA Document 8141 TM —1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1967 and 1997 by The Inst. American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U S Copyright Law and Irtnrnat,onal Treaties Unauthorized reproduction or distribution at this AIA' Document. or any portion of it. may result In severe civil and cmninai penalties, r.nd wAi be t prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:30:19 on 10/11/2006 under Order Ne.1000237524_1 which expires on 51812007, and is not for resale. User Notes: (3058147762) § 1,2.2.2 The Owner shall periodically update the budget for the Project, including that portion allocated for the Cost of the Work. The Owner shall not significantly increase or decrease the overall budget, the portion of the budget allocated for the Cost of the Work, or contingencies included in the overall budget or a portion of the budget, without the agreement of the Architect to a corresponding change in the Project scope and quality. § 1.2.2.3 The Owner's Designated Representative identified in Section 1. 1.3 shall be authorized to act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated Representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 1.2.2.4 The Owner shall furnish the services of consultants other than those designated in Section 1. 1.3 or authorize the Architect to furnish them as a Change in Services when such services are requested by the Architect and are reasonably required by the scope of the Project. § 1.2.2,5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections and reports required by law or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in the Architect's Instruments of Service. § 1.2.3 ARCHITECT § 1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Article 1.4. § 1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which initially shall be consistent with the time periods established in Section 1.1,2.6 and which shall be adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods of time required for the Owner's review, for the performance of the Owner's consultants, and for approval of submissions by authorities having jurisdiction over the Project. Time limits established by this schedule approved by the Owner shall not, except for reasonable cause, be exceeded by the Architect or Owner, § 1.2.3.3 The Architect's Designated Representative identified in Section i.1.3 shall be authorized to act on the Architect's behalf with respect to the Project, § 1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as confidential by the Owner, unless withholding such information would violate the law, create the risk of significant harm to the public or prevent the Architect from establishing a claim or defense in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar agreements to maintain the confidentiality of information specifically designated as confidential by the Owner. § 1.2,35 Except with the Owner's knowledge and consent, the Architect shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Architect's professional judgment with respect to this Project. § 1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's services. The Architect shall respond in the design of the Project to requirements imposed by governmental authorities having jurisdiction over the Project. § 1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and information furnished by the Owner. The Architect shall provide prompt written notice to the Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services or information. Init. AIA Document B141 T" — 1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute Of Architects. All rights reserved. WARNING: This AIA' 00CLiment is protected by U.S_ Copyright Law and Intennationai Treaties. 4 Unauthorized reprcduction of distl'ibution of this AIA` document or any pertlon of it. may result in severe Jvd and criminal penalties. and will be ! prosecuted to the maximum extent possible under tt%L iaw, This document was produced by AIA software at 12:30:19 on 10111/2006 under Order No.1000237524_1 which expires on 578!2007, and is not for resale. User Notes: (3058147762) ARTICLE 1.3 TERMS AND CONDITIONS § 1.3.1 COST OF THE WORK § 1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed, the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. § 1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. § 1.3,1,3 The Cost of the Work does not include the compensation of the Architect and the Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are the responsibility of the Owner. § 1.3.2 INSTRUMENTS OF SERVICE § 1.3.2.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyrights. Provided, however, the parties recognize and agree that the Owner shall comply with the provisions of Florida Statutes, Chapter 119 and all other applicable laws relating to the reproduction and distribution of public records. § 1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. Any termination of this Agreement prior to completion of the Project shall terminate this license. Upon such termination, the Owner shall refrain from making further reproductions of Instruments of Service and shall return to the Architect within seven days of termination all originals and reproductions in the Owner's possession or control. If and upon the date the Architect is adjudged in default of this Agreement, the foregoing license shall be deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the instruments of Service solely for purposes of completing, using and maintaining the Project. § 1.3.2.3 Except for the licenses granted in Section 1.3,2.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub -subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Section 1.3.2.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. § 1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data, including any special limitations or licenses not otherwise provided in this Agreement. Inst. AIA Document B141TM — 1997 Pert 1. Copyright 01917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1967 and 1997 by The American Institute of Architects. All rights reserved. WARNING. This AIA' pocurnpnt is; prWocted by L! S,. (-cpyrryht Law in,f ii,li. Iatenal Frem;"s Unauthorized reproduction or distribution of this AIA ❑ocument. or any porlion at it. moy result in seven cm: anti c; tminal penalties anu �a,ll tie prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 12:3019 on 10/1112006 under Order No.1000237524_1 which expires on 51812007, and is not for resale. User Notes: (3058147762) § 1.3.3 CHANGE IN SERVICES § 1.3.3.1 Change in Services of the Architect, including services required of the Architect's consultants, may be accomplished after execution of this Agreement, without invalidating the Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's control, or if the Architect's services are affected as described in Section 1.3.3.2. In the absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing such services. If the Owner deems that all or a part of such Change in Services is not required, the Owner shall give prompt written notice to the Architect, and the Architect shall have no obligation to provide those services. Except for a change due to the fault of the Architect, Change in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant to Section 1.5.2, and to any Reimbursable Expenses described in Section 1.3,9.2 and Section 1.5.5. § 1.3.3.2 If any of the following circumstances affect the Architect's services for the Project, the Architect shall be entitled to an appropriate adjustment in the Architect's schedule and compensation: .1 change in the instructions or approvals given by the Owner that necessitate revisions in Instruments of Service; .2 enactment or revision of codes, laws or regulations or official interpretations which necessitate changes to previously prepared Instruments of Service; ,3 decisions of the Owner not rendered in a timely manner; ,4 significant change in the Project including, but not limited to, size, quality, complexity, the Owner's schedule or budget, or procurement method; .5 failure of performance on the part of the Owner or the Owner's consultants or contractors; .6 preparation for and attendance at a public hearing, a dispute resolution proceeding or a legal proceeding except where the Architect is party thereto; .7 change in the information contained in Article 1. 1. § 1.3,4 MEDIATION § 1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or by arbitration. § 1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. § 1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. § 1.3.5 ARBITRATION § 1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Section 1.3.4. § 1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. Inst. AIA Document 8141 Tu —1997 Part 1. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' 13ocument is protected by U.S Copyright Law and Internalonal Treaties. 6 Unauthorized reproduction or distribution of this AIA' Document. or any portion of it. may result in severe civil rind criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was produced by AIA software at 1230:19 on 10/1112006 under Order No.1000237524_1 which expires on 51812007, and is not for resale. User Notes: (3058147762) § 1,3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. § 1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein. The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 1.3.6 CLAIMS FOR CONSEQUENTIAL DAMAGES The Architect and the Owner waive consequential damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Section 1.3.8. § 1,3.7 MISCELLANEOUS PROVISIONS § 1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the Architect, unless otherwise provided in Section 1.4.2. § 1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. § 1.3.7.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's services are substantially completed. § 1.3.7,4 To the extent damages are covered by property insurance during construction, the Owner and the Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in the edition of AIA Document A701, General Conditions of the Contract for Construction, current as of the date of this Agreement. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 1,3.7,5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials or toxic substances in any form at the Project site. § 1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. AIA Document B141 TM —1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WAR"ING: This AIR Docrle,;+v}[ i5 protected by U.5 Col ,lit Law and In[er ,al onaI Treal r- 7 UnaulhOrired reprcduclion or distribution of This AIA Document, or any portion of it. may result in severe civil nrid criminal penaltira, and win he prosecuted to them a ximum extent passible under the law. This document was produced by AIA software at 12:30:19 on 10/11/2006 under Order No.1000237524_1 which expires on 51812007, and is not for resale. User Notes: (3058147762) § 1.3.7.81f the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. § 1.3.8 TERMINATION OR SUSPENSION § 1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial nonperformance and cause for termination or, at the Architect's option, cause for suspension of performance of services under this Agreement. if the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3,8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 1.3.8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination, § 1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 1.3.8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 1.3.8.7. § 1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 1.3.9 PAYMENTS TO THE ARCHITECT § 1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall be made monthly upon presentation of the Architect's statement of services. No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. § 1.3.9.2 Reimbursable Expenses are in addition to compensation for the Architect's services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project, as identified in the following Clauses: Init. AIA Document 9141 TM — 1997 Part 1. Copyright C 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING'.. This AIA: Docurnent is protected by t; 5 Copy-rcghl Law <aod li-tclrnatainal Ireot;e� Unauthorized reproduction or distribution of this AIA' Document. or any poinnn of it, may resuiT in &i ,ry civ'+ an;F r mw oat peaallies ^n;! w,ll he prosecuted to them a ximum extent possible under the law. This document was produced by AIA software at 12:30,19 on 10/11/2006 under Order No.1000237524_1 which expires on 51812007, and is not for resale. User Notes: (3058147762) ,1 transportation in connection with the Project, authorized out-of-town travel and subsistence, and electronic communications; ,2 fees paid for securing approval of authorities having jurisdiction over the Project; .3 reproductions, plots, standard form documents, postage, handling and delivery of Instruments of Service; ,4 expense of overtime work requiring higher than regular rates if authorized in advance by the Owner; ,5 renderings, models and mock-ups requested by the Owner; ,6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Section 1,5,5; ,8 other similar direct Project -related expenditures. § 1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be available to the Owner or the Owner's authorized representative at mutually convenient times. § 1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and similar contributions. ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS § 1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. This Agreement comprises the documents listed below. § 1.4.1.1 Standard Form of Agreement Between Owner and Architect, AIA Document B141-1997. § 1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AIA Document B 141-1997, or as follows: (List other documents, if any, delineating Architect's scope of services.) Attachments "A" through "E" § 1.4.1.3 Other documents as follows: (List other documents, if any, forming part of the Agreement.) See 1.4.1.2 § 1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement are as follows: Not Applicable (NIA) ARTICLE 1.5 COMPENSATION § 1.5.1 For the Architect's services as described under Article 1.4, compensation shall be computed as follows: See Attachment "E" for Professional Fee Allocation. § 1.5.2 If the services of the Architect are changed as described in Section 1.3.3.1, the Architect's compensation shall be adjusted. Such adjustment shall be calculated as described below or, if no method of adjustment is indicated in this Section 1.5.2, in an equitable manner. (Paragraph deleted) See Attachment "D" for Hourly Rates. Init. AIA Document B141TM— 1997 Pert 1. Copyright � 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING- This ulA'- Documq,nl i; pro le r. rad by U.S. Copyright Law and €nteaMW12.na1 IQ'Aties. Unauthorized repropuction or distribution of this AIA (Document. or any poriion of it. may resuFt m tiervure cw�.! and c,irn,na; �nu v,:Ii r,c t prasee uted to them a ximum extent pas sib €e under the law. This document was produced by Ali software at 12:30:19 on 10/11/2006 under Order No. 1000237524_1 which expires on 5!8!2007, and is not for resale. User Notes: (3058147762) § 1,5,3 For a Change in Services of the Architect's consultants, compensation shall be computed as a multiple of one point two ( 1.2 ) times the amounts billed to the Architect for such services. § 1.5.4 For Reimbursable Expenses as described in Section 1.3.9.2. and any other items included in Section 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a multiple of one point one live ( 1. 15 ) times the expenses incurred by the Architect, and the Architect's employees and consultants. § 1.5.5 Other Reimbursable Expenses, if any, are as follows: As noted in Attachment "E" an Allowance for Reimbursable Expenses for the noted Phases. § 1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set forth in this Agreement shall be adjusted in accordance with their normal salary review practices. § 1.5.7 An initial payment of Zero Dollars and Zero Cents (S 0.00 ) shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall he credited to the Owner's account at final payment. Subsequent payments for services shall be made monthly, and where applicable, shall be in proportion to services performed on the basis set forth in this Agreement. -§ 1.5.8 Payments are due and payable Thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Thirty ( 30 ) days after the invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. Pursuant to Florida Statutes. (Paragraph deleted) § 1.5.9 If the services covered by this Agreement have not been completed within Forty ( 40 ) months of the date hereof, through no fault of the Architect, extension of the Architect's services beyond that time shall be compensated as provided in Section 1.5.2. This Agreement entered into as of the day and year first written above. OWNER (Signature) ICity of Cape Canaveral, Florida Bennett Boneher, City Manager (Printed name and title) ARCHIT CT { grre) ct5 D9 ign G4, Inc. Kevin Ratigan, AIM Sr. Vice President (Printed name and title) AIA Document 8141T" —1997 Part 1. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966. 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. Alt rfghts reserved. WARNING: This A10 Document Is protected by U.8- Copyright Law and Inlemathonai Trestles. 1 # Uneuthorind reproduction or distr�tion of this AIA Document, or any portion of It, may result In severs civil and criminal penaithm and will be I prosecuted to the mazinmm extent possible under the law. This document was produced by AIA software at 12:30:19 on 1011112006 under Order W.1000237524_1 whish expires on 5!812007, and is not for resale. User Notes: 13058147762} AIA TF1 Document B141 -1997 Part 2 Standard Form of Architect's Services: Design and Contract Administration TABLE OF ARTICLES ADDITIONS AND DELETIONS: The author of this document has 21 PROJECT ADMINISTRATION SERVICES added information needed for its completion. The author may also 2.2 SUPPORTING SERVICES have revised the text of the original AIA standard form. An Additions and 2,3 EVALUATION AND PLANNING SERVICES Deletions Report that notes added information as well as revisions to 2,4 DESIGN SERVICES the standard form text is available from the author and should be 2,5 CONSTRUCTION PROCUREMENT SERVICES reviewed. A vertical line in the left margin of this document indicates 2.6 CONTRACT ADMINISTRATION SERVICES where the author has added necessary information and where 2.7 FACILITY OPERATION SERVICES the author has added to or deleted from the original AIA text. 2.8 SCHEDULE OF SERVICES This document has important legal consequences. Consultation with an 2.9 MODIFICATIONS attorney is encouraged with respect to its completion or modification. ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES § 2.1.1 The Architect shall manage the Architect's services and administer the Project. The Architect shall consult with the Owner, research applicable design criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare, and periodically update, a Project schedule that shall identify milestone dates for decisions required of the Owner, design services furnished by the Architect, completion of documentation provided by the Architect, commencement of construction and Substantial Completion of the Work. § 2.1.3 The Architect shall consider the value of alternative materials, building systems and equipment, together with other considerations based on program, budget and aesthetics in developing the design for the Project. § 2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design of the Project to representatives of the Owner, § 2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the design process for purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely on approvals received from the Owner in the further development of the design. Inst. AIA Document 8141 TL —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING- This AIA' DOCLImenl is protecreei by U.S Copynyhl t.aw and 17eahes. Unauthorized repronuclion or distribution of this AIA Document, or any portion of it. moy resu+t in severe civil and c, imma! pPnalliea, and will Inc i prosecuted to the maximum extent possible under the law. This document was produced by AiA software at 12:49:18 on 10/11/2006 under Order No.1000237524_1 which expires on 51812007, and is not tar resale. User Nates: (4232048454) § 2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 2.13 EVALUATION OF BUDGET AND COST OF THE WORK § 2.1,7.1 When the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current area, volume or similar conceptual estimating techniques. As the design process progresses through the end of the preparation of the Construction Documents, the Architect shall update and refine the preliminary estimate of the Cost of the Work, The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions. If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the Architect in making such adjustments. § 2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 2,1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be increased accordingly. § 2.1.7,4 If bidding or negotiation has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, the budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the construction industry. § 2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall: .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Section 1.3.8.5; or .4 cooperate in revising the Project scope and quality as required to reduce the Cost of the Work. § 2.1.7.6 If the Owner chooses to proceed under Section 2.1.7.5.4, the Architect, without additional compensation, shall modify the documents for which the Architect is responsible under this Agreement as necessary to comply with the budget for the Cost of the Work if the lowest bonafide bid is not within 15% of the established budget. If the Owner so choose to fund the increased budget, the Architect shall be compensated accordingly. The modification of such documents shall be the limit of the Architect's responsibility under this Section 2.1.7. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not construction is commenced. ARTICLE 2.2 SUPPORTING SERVICES § 2.2.1 Unless specifically designated in Section 2.8.3, the services in this Article 2.2 shall be provided by the Owner or the Owner's consultants and contractors. § 2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, special equipment, systems and site requirements. § 2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, AIA Document 0141 TM —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, '1963,1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING. This AIA Documert is protected by U S Copyrlgl,r Law and Internatinnai Treaties Unauthorized reproduclion or distribution of this Al Document_ m any portion or 11, riiay rPsult in severe civil and criminal pen.a!nesand wll hie prosecuted to the maximum extant passible under the law. This document was produced by AIA software at 12:49:18 on 10/1112006 under Order No.1000237524_1 which expires on 518/2007, and is not for resale. User Notes: (4232048454) as applicable, grades and lines of streets, alleys, pavements and adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a Project benchmark. § 2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not limited to test borings, test pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions, with reports and appropriate recommendations, ARTICLE 2.3 EVALUATION AND PLANNING SERVICES § 2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the Owner under this Agreement, including the Owner's program and schedule requirements and budget for the Cost of the Work, each in terms of the other. The Architect shall review such information to ascertain that it is consistent with the requirements of the Project and shall notify the Owner of any other information or consultant services that may be reasonably needed for the Project. § 2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project based on the information provided by the Owner of site conditions, and the Owner's program, schedule and budget for the Cost of the Work. § 2.3.3 The Architect shall review the Owner's proposed method of contracting for construction services and shall notify the Owner of anticipated impacts that such method may have on the Owner's program, financial and time requirements, and the scope of the Project. ARTICLE 2.4 DESIGN SERVICES § 2.4.1 The Architect's design services shall include normal structural, mechanical and electrical engineering services, § 2.4.2 SCHEMATIC DESIGN DOCUMENTS § 2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-upon program, schedule, and budget for the Cost of the Work. The documents shall establish the conceptual design of the Project illustrating the scale and relationship of the Project components, The Schematic Design Documents shall include a conceptual site plan, if appropriate, and preliminary building plans, sections and elevations. At the Architect's option, the Schematic Design Documents may include study models, perspective sketches, electronic modeling or combinations of these media. Preliminary selections of major building systems and construction materials shall be noted on the drawings or described in writing. § 2.4.3 DESIGN DEVELOPMENT DOCUMENTS § 2.4.3.1 The Architect shall provide Design Development Documents based on the approved Schematic Design Documents and updated budget for the Cost of the Work. The Design Development Documents shall illustrate and describe the refinement of the design of the Project, establishing the scope, relationships, forms, size and appearance of the Project by means of plans, sections and elevations, typical construction details, and equipment layouts. The Design Development Documents shall include specifications that identify major materials and systems and establish in general their quality levels. § 2.4.4 CONSTRUCTION DOCUMENTS § 2.4.4.1 The Architect shall provide Construction Documents based on the approved Design Development Documents and updated budget for the Cost of the Work, The Construction Documents shall set forth in detail the requirements for construction of the Project. The Construction Documents shall include Drawings and Specifications that establish in detail the quality levels of materials and systems required for the Project. § 2.4.4.2 During the development of the Construction Documents, the Architect shall assist the Owner in the development and preparation of: (l) bidding and procurement information which describes the time, place and conditions of bidding; bidding or proposal forms; and the form of agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for Construction (General, Supplementary and other Conditions). The AIA Document B141 Tµ — 1997 Part 2. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNMG; This AIA Document is pro1;tr1eJ by I..➢.S. Cnppr:t:ht Lmv and Irlerriat nna; 7rre-,Ries. Unauthorized reproduction or distribution o1 this AIA 00CLlmenl, or any portion of it. may result in severe civil and criminal penaRies. and ,v:li be ! prosecuted to the maximum exleni possible udder the iaw This document was produced by AIA software at 12:49:18 on 10111/2000 under Order No.1000237524_1 which expires on 51812007, and is not for resale. User Notes, {4232048454) Architect also shall compile the Project Manual that includes the Conditions of the Contract for Construction and Specifications and may include bidding requirements and sample forms. ARTICLE 2,5 CONSTRUCTION PROCUREMENT SERVICES § 2.5.1 The Architect shall assist the Owner in obtaining either competitive bids or negotiated proposals and shall assist the Owner in awarding and preparing contracts for construction. § 2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or contractors. § 2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determination of the successful bid or proposal, if any. If requested by the Owner, the Architect shall notify all prospective bidders or contractors of the bid or proposal results. § 2.5.4 COMPETITIVE BIDDING § 2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.4.3 If requested by the Owner, the Architect shall distribute the Bidding Documents to prospective bidders and request their return upon completion of the bidding process. The Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any, received from and returned to prospective bidders. § 2.5.4.4 The Architect shall consider requests for substitutions, if permitted by the Bidding Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective bidders. § 2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct a pre-bid conference for prospective bidders. § 2.5.4.$ The Architect shall prepare responses to questions from prospective bidders and provide clarifications and interpretations of the Bidding Documents to all prospective bidders in the form of addenda. § 2,5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct the opening of the bids. The Architect shall subsequently document and distribute the bidding results, as directed by the Owner. § 2.5.5 NEGOTIATED PROPOSALS § 2.5.5.1 proposal Documents shall consist of proposal requirements, proposed contract forms, General Conditions and Supplementary Conditions, Specifications and Drawings. § 2.5.5.2 if requested by the Owner, the Architect shall arrange for procuring the reproduction of Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for the cost of reproduction or shall reimburse the Architect for such expenses. § 2.5.5.3 if requested by the Owner, the Architect shall organize and participate in selection interviews with prospective contractors. § 2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal Documents, and shall prepare and distribute addenda identifying approved substitutions to all prospective contractors. § 2.5.5.5 If requested by the Owner, the Architect shall assist the Owner during negotiations with prospective contractors. The Architect shall subsequently prepare a summary report of the negotiation results, as directed by the Owner. Init. AIA Document 8141 TM — 1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is prolecred by U 5 Copyright t aw and Irttta!nat onal 7reidies. 4 Unauthorized reproduclion or distribution of this AIA" Document, or anv portion of 4. may resulf in sevrre ziVil and Crim+nai pennuIcs. zn;i ty 11 tar prosecuted to Ine maximum extent possibly under thf? law This document was produced by AIA software at 12:4918 on 1 011 112 00 6 under Order No.1000237524_1 which expires on 5/812007, and is not for resale. User Notes: {4232048454) ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES § 2.6.1 GENERAL ADMINISTRATION § 2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the Contractor as set forth below and in the edition of AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. Modifications made to the General Conditions, when adopted as part of the Contract Documents, shall he enforceable under this Agreement only to the extent that they are consistent with this Agreement or approved in writing by the Architect. § 2.6.1.2 The Architect's responsibility to provide the Contract Administration Services under this Agreement commences with the award of the initial Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be entitled to a Change in Services in accordance with Section 2.8.2 when Contract Administration Services extend 60 days after the date of Substantial Completion of the Work, § 2.6,1.3 The Architect shall be a representative of and shall advise and consult with the Owner during the provision of the Contract Administration Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. § 2,6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. § 2,6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for additional information about the Contract Documents. A properly prepared request for additional information about the Contract Documents shall be in a form prepared or approved by the Architect and shall include a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested, § 2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare, reproduce and distribute supplemental Drawings and Specifications in response to requests for information by the Contractor. § 2,6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of drawings. When making such interpretations and initial decisions, the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for the results of interpretations or decisions so rendered in good faith. § 2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 2.6.2 EVALUATIONS OF THE WORK § 2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 2.8, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents. Init. AIA Document 6141 m— 1997 Part 2. Copyright ® 1917, 1926, 1946, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.G. Copyrgrrl Law and hxernal;onaf Treaties. Unauthorized reproduction or distribution of this AIA" Dncunrent, or any portion tit it. may result in severe civil and r rminal penall:es, and will be ! prosecuted to the maximum extent passible under the Iavd This document was produced by AIA software at 12:49.18 on 10/11/2006 under Order Ne.1000237524_1 which expires on 51812007, and is not for resale. User Notes: (4232048454) § 2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons or entities performing portions of the Work. § 2,6,2.3 The Architect shall at all times have access to the Work wherever it is in preparation or progress. § 2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. § 2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect will have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR § 2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue Certificates for Payment in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 2.6,2 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to completion, and (4) to specific qualifications expressed by the Architect. § 2,6,3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has ( I ) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. § 2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment. § 2,6.4 SUBMITTALS § 2.6.4,1 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. Init.AIA Document B141 T"' — 1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The American Institute of Architects. AN rights reserved. WARNING: This AIA Document is protncled by U.S. Copyrnghl I_aw and Intenr.at,onal T'realiu5 Unauthorized reproduction or distribution of this AIA' Document or any portion of it. may result in severe civil and criminal penalties. and w,h ber prosecuted to the maximum extent passible under the taw. This document was produced by AIA software at 12:49:18 on 101112046 under Order No.1000237524_1 which expires on 5/812007, and is not for resale. User Notes: (4232048454} § 2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 2.6.4.3 If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the Architect shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 2.6.5 CHANGES IN THE WORK § 2.6.5,1 The Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. The Architect may authorize minor changes in the Work not involving an adjustment in Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to describe Work to be added, deleted or modified, as provided in Section 2.8.2. § 2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor for changes in the Work, including adjustments to the Contract Sum or Contract Time. A properly prepared request for a change in the Work shall be accompanied by sufficient supporting data and information to permit the Architect to make a reasonable determination without extensive investigation or preparation of additional drawings or specifications. If the Architect determines that requested changes in the Work are not materially different from the requirements of the Contract Documents, the Architect may issue an order for a minor change in the Work or recommend to the Owner that the requested change be denied. § 2.6.5.31f the Architect determines that implementation of the requested changes would result in a material change to the Contract that may cause an adjustment in the Contract Time or Contract Sum, the Architect shall make a recommendation to the Owner, who may authorize further investigation of such change. Upon such authorization, and based upon information furnished by the Contractor, if any, the Architect shall estimate the additional cost and time that might result from such change, including any additional costs attributable to a Change in Services of the Architect. With the Owner's approval, the Architect shall incorporate those estimates into a Change Order or other appropriate documentation for the Owner's execution or negotiation with the Contractor. § 2.6,5.4 The Architect shall maintain records relative to changes in the Work § 2.6.6 PROJECT COMPLETION § 2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion, shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. § 2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative to check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 2.6.6,3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any amounts needed to pay for final completion or correction of the Work. § 2.6.6.4 The Architect shall receive from the Contractor and forward to the Owner: (1) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the Owner against liens. AIA Document 8141 m —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WARNING. This AiADocument Is protected t,y U.S. Copyrlr'f'ni [aw and International Trcatirs. Lina Ulhorized repruod ctlon or distribution of this AIA' Occiirnent, or any portion of it. may tesiM in %evere Civ•: and crimina. penaltiesand will h4 ! prosecuteo to the rnaximum extent possible under the law. This document was produced by AIA software at 12:49:18 on 1011112006 under Order No. 1000237524_1 which expires on 51812007, and is not for resale. User Notes: (4232048454) ARTICLE 2,7 FACILITY OPERATION SERVICES § 2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative promptly after Substantial Completion to review the need for facility operation services. § 2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's Designated Representative to review the facility operations and performance and to make appropriate recommendations to the Owner. ARTICLE 2.8 SCHEDULE OF SERVICES § 2.8.1 Design and Contract Administration Services beyond the following limits shall be provided by the Architect as a Change in Services in accordance with Section 1.3.3: .1 up to Two ( 2 } reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor. .2 up to Twelve ( 12 ) visits to the site by the Architect over the duration of the Project during construction. .3 up to One ( 1 } inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Documents. .4 up to Two ( 2 ) inspections for any portion of the Work to determine final completion. § 2.8.2 The following Design and Contract Administration Services shall be provided by the Architect as a Change in Services in accordance with Section 1.3,3: .1 review of a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 responses to the Contractor's requests for information where such information is available to the Contractor from a careful study and comparison of the Contract Documents, field conditions, other Owner -provided information, Contractor -prepared coordination drawings, or prior Project correspondence or documentation; .3 Change Orders and Construction Change Directives requiring evaluation of proposals, including the preparation or revision of Instruments of Service; .4 providing consultation concerning replacement of Work resulting from fire or other cause during construction; .5 evaluation of an extensive number of claims submitted by the Owner's consultants, the Contractor or others in connection with the Work; .6 evaluation of substitutions proposed by the Owner's consultants or contractors and making subsequent revisions to Instruments of Service resulting therefrom; .7 preparation of design and documentation for alternate bid or proposal requests proposed by the Owner; or .8 Contract Administration Services provided 60 days after the date of Substantial Completion of the Work. § 2.8.3 The Architect shall furnish or provide the following services only if specifically designated: Services Responsibility Location of Service Description (Architect, Owner or Not Provided .1 Programming Architect .2 Land Survey Services Owner or Architect .3 Geotechnical Services Owner or Architect .4 Space SchematicslFlow Diagrams Architect .5 Existing Facilities Surveys Owner .6 Economic Feasibility Studies NIA .7 Site Analysis and Selection Architect 8 Environmental Studies and R;ports Owner or Architect .9 Owner -Supplied Data Coordination Owner .10 Schedule Development and Monitoring Architect Init. AIA Document B141TM —1997 Part 2. Copyright ® 1917, 1926, 1948, 1951, 1953, 1956, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1957 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is prolected by U.S. Copyright Law and Intornaucnai Treaties Unauthorized reprcduclion or distribution of this AIA.` Document. of any poruon of it. may result in severe civil and crimir:al penalties, anti -.klli he prosecuted to the maximum extent possible under the law- This document was produced by AIA software at 12,49:18 on 10!11/2006 under Order No.1000237524_1 which expires on 51872007, and is not for resale. User Notes: (423200.8454) Services Responsibility Location of Service Description (Architect, Owner or Not Provided .11 Civil Design Architect .12 Landscape Design Architect .13 Interior Design Architect .14 Special Bidding or Negotation N/A .15 Value Analysis Architect .16 Detailed Cost Estimating Architect .17 On -Site PqW PrRepresentation Architect .18 Construction Management N/A .19 Start-up Assistance N/A .20 Retard Drawings General OontractorlArchitect .21 Post -Contract Evaluation NIA .22 Tenant -Related Services NIA ,23 One 1 Year Warranty In on Architect .24 services See Attachment "E" for other additional .25 (Paragraph deleted) ARTICLE 2.9 MODIFICATIONS § 2.9.1 Modifications to this Standard Farm of Architect's Services: Desivn and Contract Administration, if any, are as follows: See Attachments, herein made a part of this Agreement. By its execution, this Standard Form of Architect's Services: Design and Contract Administration and modifications hereto are incorporated into the Standard Form of Agreement Between the Owner and Architect, AlA Document B 141-1997, that was entered into by the parties as of the date: OWNER (Signature) City of Cape Canaveral, Florida Bennett Boucher, City Manager (Printed name and title) ARCH (Sit Ar h is DesignCroup, nc. Kevin Ratigan, AIA, Sr. Vice President (Printed name and title) AIA Document 131411m - 1997 hart 2. Copyright 0 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 and 1997 by The Init. American Institute of Architects. All rights reserved. WAP&MG:'rtlis ALO tlocumant is protected by U.S. Copyright Law and International lYsaties. Unwgxorfxed reproduction or disfrHwHon of this AIAe Docunmi , or any portico of It, may result in severe civil and criminal penattles, and wiN be g t prosecuted to the maximum extent possible under the is*. This document was produced by AIR software at 12:49:18 on M1 11!2006 under Order No. 1000237524_1 which expires on S S/2007, and is not for resale. War Notes: (4232048454) ATTACHMENT "A" Scope of Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 General Description: The project is generally described as a Spatial Needs Assessment, Master Planning and Standard and Additional Architectural/Engineering Services for the proposed City of Cape Canaveral. The City Scope of Services is consistent with the issued RFP entitled "City Hall — Police Department Needs Assessment and Design," undated. The Phases of Services are herein identified as follows: 2. Phase I: Task One - Spatial Needs Assessment: 2.1 The Architect shall participate in an initial meeting, with departmental personnel and City staff, to review the proposed project and to establish project schedules for specific tasks. 2.2 The Architect shall conduct an analysis of the routine operations of the identified entities in order to fully understand their function, operations and the respective interaction, relationship, adjacency priorities and potential of joint use facilities. 2.3 A detailed Spatial Needs Assessment shall then be conducted, providing documentation as to current and future needs; future need being defined as those anticipated for the years 2015 and 2025, and the current need being defined as the year 2006. The process for obtaining this information shall consist of a two-part effort; a detailed questionnaire and on-site interviews with the staff of the various departments/entities, as noted above. The questionnaire shall relate to such information as: 2.3.1 Historical, Current and Projections for Future Staffing Levels. 2.3.2 A Detailed Mission Statement. 2.3.3 An Organizational Chart. 2.3.4 An Assessment of Requested Spaces. 2.3.5 A Definition of Functional Inter -Relationships. 2.3.6 Documentation of Specialized Equipment. 2.3.7 Documentation as to relationship to other Departments. 2.4 The Architect, as a part of this phase, shall consider and provide documentation to the extent possible, current and future staffing level projections and their spatial need impact upon future needs of facilities. H.\ADM [N1JOB17661ContractlAttachment A -Scope of Services 0927.6, Revised ] 009.6.doc ATTACHMENT "A" Scope of Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 752-06 Page 2 2.5 Based upon the recommendations related to facility size, the architect shall identify the land area needed for the building, associated parking and related site requirements, such as stormwater retention, parking areas, landscape requirements and building setback requirements. 2.6 The Architect shall research and provide information relative to identifying potential grant funding sources, noting entities which provide funds for projects of the type envisioned by the City. 2.7 This phase shall result in a detailed report, which shall contain recommendations relative to potential solutions, and shall include alternative recommendations as to the size and associated potential costs of each such alternative. Twelve (12) copies of this report shall be issued to the City for review and consideration. 2.8 The results and recommendations of Phase I shall be presented to the Committee and subsequently to the City Council at a public meeting and/or workshop meeting. Phase I: Task Two — Inventory of City Facilities: 3.1 The Architect shall participate in a meeting with the City of Cape Canaveral departmental representatives for the purpose of listing all City properties that will be considered in the Study. 3.2 The Architect shall make a cursory investigation of the facilities located on the Municipal Campus (Highway AIA/Polk Avenue) of determining the impact on creating the new City Hall — Police Department Facilities. (See Task Three — Master Planning). 3.3 The Architect shall investigate other City properties (including but not limited to, Recreation Complex at Orange/Harrison Avenues, Library, Fire Department and adjacent roadways) for the purpose of determining the feasibility of relocating recreational amenities currently located at the Municipal Campus. 3.4 The Architect shall prepare a catalogue of City facilities included in the inventory. HAADMINUOB17661ContracMtiachment A -Scope of Services 0927,6_Revised 1009.6,doc ATTACHMENT "A" Scope of Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 752-06 Page 3 4. Phase I: Task Three - Master Plannin : 4.1 Based upon the information obtained during the Spatial Needs Assessment and Inventory of City facilities, the Architect shall participate in meetings with representatives of the City, the Police Department (Brevard Sheriff), and the City designated Building Committee. The premise of this meeting(s) shall be to obtain consensus as to the appropriate land utilization of the identified site and the proposed facility as determined by the identified personnel, the City Council and the Architect. 4.2 Based upon the accepted Development Alternative, the Architects shall prepare a Master Plan Document of the site, illustrating: 4.2.1 Proposed land utilization of the site. 4.2.2 Location and general configuration of "current need" facilities. 4.2.3 Areas of potential expansion for future needs. 4.2.4 Location of vehicle access and egress, both staff and public. 4.2.5 Pedestrian areas and site circulation. 4.2.6 Vehicle Parking Areas. 4.2.7 Area(s) designated for stormwater retention, if required. 4.2.8 Relationship and interaction with potential and/or existing adjacent City facilities. 4.3 The Architect shall prepare a final Master Planning Drawing illustrative of the proposed recommended solution. 4.4 The proposed Master Plan shall be submitted to the City and, if appropriate, to the staff of the City designated Building Committee, for review and comment. 4.5 The Architect shall prepare an updated Budget Analysis to determine an appropriate cost for the project. The Scope of the Project and agreed upon cost budget shall be the basis for determining the Scope of Work for Phase IL Standard Architectural and Engineering Services. 5, Phase II: Standard Architectural and Engineering Services: 4.1 The Architect shall provide services for the standard Architectural phases, as defined in the Owner/Architect Agreement, for the proposed facility or facilities. H:4IDMINJOB17661ContractlAttachment A -Scope oTServices 0927.6.Revised 1009.6.doc ATTACHMENT "A" Scope of Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 752-06 Page 4 4.2 The Architect and the Owner recognize that these services will vary in magnitude, scheduling and complexity, depending upon the specific development concept which is adopted. The professional fee for "Standard Services" is noted on Attachment "E". H',1ADMIN\JOB17661Contract\Attachment A -Scope of Services 0927.6.Revised 1009,6,doc ATTACHMENT "B" Scope of Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No, 766-06 1. Additional Services: The Owner reserves the right to authorize additional work on the part of the Architect, or consultants, through the Architect. Said work shall be related to facilities for the City including, but not limited to, feasibility studies, design of new facilities, additions or renovations to existing facilities, expanded master planning and grant applications. 2. General: The Architect warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Architect to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Architect, any fee or commission, upon or resulting from the award or making of this Agreement. Liability: 3.1 The Owner agrees it will include in its agreement with the Contractor, or Contractors, the following sentence: "The Contractor agrees by entering in the Contract that (1) neither the Contractor nor its subrogee or surety, will bring any civil suit, action or other proceeding in law or equity against the Architect for, or on account of, any cause of action which the Contractor may have arising out of, or in any manner connected with, the work, and (2) the Architect will not bring any civil suit, action or other proceeding in law or equity against the Contractor, or the officer, directors, partners, agents, employees and servants of the Contractor for, or on account of, any cause of action which the Architect may have arising out of, or in any manner connected with, the work." 3.2 The Owner shall be liable only to the extent of its interest in the Project; and no officer, director, partner, agent or employee of the Owner (or any partner of a partner or any agent or employee of a partner shall be personally or individually liable with respect to this Contract or the Work. Each Subcontract shall include the foregoing limitation, which shall be effective if the Owner ever succeeds to the Contractor's rights and obligations under a Subcontract. 3.3 The Architect shall be liable only to the extent of its interest in the Project; and no officer, director, partner, agent or employee of the Architect (or any partner of a partner or any agent or employee of a partner) shall ever be personally or individually liable with respect to this Contract or the Work. Each Subcontract shall include the foregoing limitation. H:IADMIN\JOB17661Contract\Attachment B -Scope of Services 0927.6.doc ATTACHMENT "C" Additional Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Additional Services: The Architect, or his consultants, shall provide the following Additional Services: These services, their magnitude and related professional fees are based upon the City determination of the project scope and budget. 1.1 Interior Design: 1.1.1 Interior design services related to the programming, conceptual design, bidding and supervision of installation of furnishings. The interior designer for this work is identified as Architectural Interiors, Inc. The Fee for this service is noted in Attachment "E". 1.1.2 Services related to the inventory of existing furnishings and equipment shall be provided billable on an hourly basis, utilizing the rate schedule identified in Attachment "D", or at an agreed upon fixed fee amount. Said services are to be provided only when specifically requested by the Owner in writing. 1.2 Off -Site Civil Enineerine: Upon acceptance of the Conceptual Site Plan, if off-site services engineering are required, a scope of work shall be established. Work typically identified as the Scope of Services for Civil Engineering is construction falling outside the property lines or within on-site easements or the relocation of existing utilities. The professional compensation of construction as agreed upon by the Owner, the Architect and Civil Engineer. The Professional Fee shall be established based upon a defined Scope of Services. 1.3 Landscape Architectural Services: Landscape Architectural Services shall be provided by a registered Florida Landscape Architect, selected by the Architect, to provide the Scope of Services to be defined by the accepted Master Site Plan. The Professional Compensation Fees for these services are noted in Attachment "E". 1.4 Site and Buildin2 Identification/Graphic Desi n: Provide graphic design services associated with the design, bidding and construction observation of building identification, graphics and signage. The Professional Fees for these services are noted in Attachment "E". H',1ADMIN�.JOB%766',Contract\Attachment C -Additional Services 0927 6 -due ATTACHMENT "C" Additional Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Page 2 1.5 Professional Liability Insurance: The Architect shall maintain, during the term of this agreement, Professional Liability Insurance providing coverage for errors and omissions in the amount of $1,000,000. The Architect shall provide the Owner with a certificate showing such coverage and providing that the insurance will not lapse or be canceled except upon ten (10) days written notice to the Owner. As compensation for the cost of such insurance, the Owner will reimburse the Architect the surcharge value of twelve point four percentage (12.4%) of the total Architectural/Engineering Fee, excluding fees for the Spatial Needs Assessment and the Master Planning Phase. 1.6 Permittine Coordination Services: The Architect shall provide permitting coordination services as follows: 1.6.1 Define all permits and/or review agency requirements and provide a graphic chronological assessment. 1.6.2 Prepare and/or coordinate the permitting applications and make the submittals in a timely manner and in accordance with the schedule to be submitted by the Architect upon execution of this agreement by the Owner. 1.6.3 Monitor the permitting process and provide written progress reports to the City. 1.6.4 The Professional Fee for permitting associated with site issues is as noted in Attachment "E". 1.7 Facility Enerey Analysis: The Architect shall so prepare the Construction Documents of individual buildings as to permit the accomplishment of an energy analysis to be conducted by the Florida Solar Energy Center or an appropriate entity with expertise in providing this service. The purpose of the analysis shall be to maximize energy efficient systems, including insulation, fenestration and similar passive energy application, to the extent possible permitted by the project construction budget. The Professional Services Fee is as noted in Attachment "E". 1.8 Sales Tax Exemption: The City may elect to institute a sales tax exemption procedure, the result of which will permit the sales tax exemption of the City to be utilized to purchase equipment, materials, or similar elements to be incorporated into the facility. Coordination services, if provided by the Architect are established at a value of seventeen percent (17%) of the gross savings or by a fixed fee to be established. H:IADMIN\JOS17661Contract\Attachment C -Additional Services 0927.6.doc ATTACHMENT "C" Additional Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Page 3 1.9 Special Engineering: Special Structural Engineering services will be provided by the Architect/Engineer, when authorized by the Owner, if unusual soil or geographical conditions (generally described as excessive organic material, excessive clay in soil, sinkholes, caverns, loosely compacted soil or similar conditions) are found to exist. An additional fee in an amount shall be established, based upon the conditions discovered and the complexity of services necessary to correct said conditions. 1.10 Extended Construction Observation: The Architect, as noted in Article 2 of the basic agreement, shall provide construction observation services during the construction phase. As also noted in this agreement, these services constitute twenty percent (20%) of the value of Standard Services. The Construction Documents will stipulate the period allowed the General Contractor for construction. The Architect shall be entitled to Additional Fees if the Contractor exceeds this stipulated period, said fees being a pro -rata monthly fee of the fee allocated for this phase. These fees shall be documented in the contract specifications as the responsibility of the General Contractor and shall be payable to the Owner to reimburse the Owner for payments to the Architect. 1.11 Post Occupancy/Warranty Inspection: Eleven months after occupancy of the building the Architect and M/E/P Engineers shall conduct a warranty inspection of the building and shall document all systems and elements that are in need of corrective action on the part of the General Contractor. The Architect shall subsequently re -inspect the facility to establish that noted items have been satisfactorily resolved or if additional work is required on the part of the General Contractor. The Professional Services Fee is as noted in Attachment "E". 1.12 Cost Estimating: The Architect shall retain the services of a Cost Estimating firm responsible for providing detailed cost estimates at the following intervals: 1.11.1 Completion of Design Development Phase 1, 11.2 Seventy (75%) completion level of the Construction Document Phase The professional fee is as noted in Attachment "E". H:WDMMJOB17661Contract�Attachment C -Additional Services 0927,6.doc ATTACHMENT "C" Additional Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Page 4 1.13 Computer Cable system: The Architect shall meet with City staff and establish guide lines for a computer cable system for the facility and shall subsequently prepare a cable plan with appropriate functional spaces in the facility. The professional fee is as noted in Attachment "E". 1.14 Security Consultant: The Architect shall obtain the services of a qualified security consultant for services related to site and building security systems, including C.C.T.V., access/egress controls, and site security systems. The professional fee is as noted in Attachment "E". 1.15 Communications Consultant: The Architect shall be responsible for all services related to the communication system(s) for this facility including, but not limited to, transfer of existing equipment, selection and bidding of new equipment, itemization of facility services required (such as electrical, mechanical equipment, etc.) and any other criteria relative to the communications systems of this facility. The professional fee is as noted in Attachment "E". 1.16 Site Surveyine: Tin the event the City is not in possession of a current survey of the sites being evaluated for development, the Architect shall obtain the services of a Florida Registered Land Surveyor, acceptable to the City, for a site boundary and topographic survey for the selected property. The professional fee is as noted in Attachment "E". 1.17 Geotechnical Engineering: The Architect shall obtain the services of a Professional Geotechnical Engineering firm for purposes of sub -surface soils investigation, percolation testing, and foundation recommendations. The professional fee is as noted in Attachment "E". 1.18 Grants Writing Assistance: The Architect shall include, in his report (Phase I) information as to potential grants available for a project of this type. In the event the City chooses to pursue any of the identified programs, the Architect shall assist the City in the preparation of the required documents in support of the application process. The professional fee is as noted in Attachment "E". H:ADM IN17OB17661Contracf%Attachment C -Additional Services 0927.6.doc ATTACHMENT "C" Additional Services City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Page 5 1.19 Facility Model: The Architect shall prepare a detailed, master plan model illustrative of the proposed facility in order to show its Architectural character, site utilization, relationship to adjacent facilities and related site improvements, such as parking areas, stormwater retention areas, etc. The model shall be encased in a clear plexiglass case suitable for display purposes. The professional fee is as noted in Attachment "E". The City may elect to have a larger, site context model prepared which may include other City facilities. If such is determined to be desired the Architect shall submit a proposed professional fee. 1.20 LEED Certification: The Architect shall obtain the services of an accredited (LEED AP) design professional to assess the building design performance in meeting environmental sustainability goals. Among design elements assessed are water conservation, energy efficiency, materials selection and indoor air quality. An agreed upon LEED certification level shall be pursued. The services to be provided include LEED Administration, Energy Modeling, Building Commissioning, and LEED registration/certification fees. 1.21 Audio Visual Systems Inteeration: The Architect shall obtain the services of a qualified Audio Visual Systems Consultant for purposes of preparing design, budget and equipment selection of a fully integrated turnkey A-V system as required for the facility. 1.22 Traffic Impact Study: The Architect shall obtain the services of a qualified, licensed professional Traffic/Transportation Engineer to determine the impact of project development on the City of Gainesville Growth Management Plan. 1.23 Weekly On -Site Meetings: The Architect shall provide weekly On -Site Meetings with the Owner and General Contractor during the Construction Phase Services. Basic AIE Services during construction provides a total of twelve (12) visits to the site. H:IADMINIJOH',7661Contract'Attachment C -Additional Services 0927.6.doc ATTACHMENT "D" Hourly Rates City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 ARCHITECTS DESIGN GROUP, INC. ADDITIONAL SERVICES HOURLY RATES Effective 6106 through 6/07 Per hour rates of the Architects, Interior Designers and other personnel are established as follows: Principals........................................................................................................................ $152.00/hr. Studio Department Principals/Project Architects............................................................. 138.00/hr. Associates............................................................................................ ....................... ........ 95.00/hr. ProjectManagers................................................................................................................ 80.00/hr. Designers............................................................................................................................ 75.00/hr. Computer Draftsperson I..................................................................................................... 65.00/hr. Computer Draftsperson 11 ................................................................................................... 60.00/hr. Computer Supervisor.......................................................................................................... 70.00/hr. Threshold Inspector (Certified).......................................................................................... 75.00/hr. Construction Administrators...............................................................................................80.00/hr. Specification Writer............................................................................................................85.00/hr. SeniorDraftsperson............................................................................................................ 65.00/hr. DraftspersonI..................................................................................................................... 50.00/hr. DraftspersonII....................................................................................................................45.00/hr. Accounting Services........................................................................................................... 65.00/hr. Staff (Word Processor I).....................................................................................................45.00/hr. GraphicDesigner................................................................................................................ 65.00/hr. Interior Design Principal ..................... InteriorDesign Designer..................................................................................................... 70.00/hr. Interior Design Specification Writer................................................................................... 48.00/hr. Interior Design Draftsperson I............................................................................................ 60.00/hr. H 1ADMINIJOB%766,Contract\Attachment D -Hourly Rates 0927.6 DOC ATTACHMENT "E" Professional Fee Allocation City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Professional Fee Allocation: The following is an allocation of Professional Fees for the proposed Rockledge Police Department Facility. 1. Phase I: Task One - Spatial Needs Assessment: 1.1 Principals Time: 2. Phase I: Task Two — Inventory of City Facilities: 2.1 Principals Time: 32 hrs @ $152.00/hr.............................................................................. $ 4,864.00 1.2 Project Architect: 48 hrs @ $138.00/hr.............................................................................. $ 6,624.00 1.3 Graphic Designer: 42 hrs @ $65.00/hr................................................................................ $ 2,730.00 1.4 Interior Design Principal: 30 hrs @ $95.00/hr................................................................................ $ 2,850.00 1.5 Staff (Word Processor I): 58 hrs @ $45.00/hr................................................................................ $ 2,610.00 1.6 Computer Draftsperson L $ 800.00 2.7 28 hrs @ $65.00/hr................................................................................ $ 1,820.00 1.7 Reimbursable Expenses......................................................................... $ 2,000.00 1.8 Subtotal................................................................................................. $ 23,498.00 2. Phase I: Task Two — Inventory of City Facilities: 2.1 Principals Time: H:(ADMINIJOB17661Contract\Attachment E -Professional Fee Allocation 0927 6_cloc 6 hrs @ $152.00/hr................................................................................ $ 912.00 2.2 Project Architect: 8 hrs @ $138.00/hr................................................................................ $ 1,104.00 2.3 Graphic Designer: 12 hrs @ $65.00/hr................................................................................ $ 780.00 2.4 Staff (Word Processor i): 16 hrs @ $45.00/hr................................................................................ $ 720.00 2.5 Computer Draftsperson 1: 20 hrs @ $65.00/hr................................................................................ $ 1,300.00 2.6 Reimbursable Expenses......................................................................... $ 800.00 2.7 Subtotal................................................................................................. $ 5,616.00 H:(ADMINIJOB17661Contract\Attachment E -Professional Fee Allocation 0927 6_cloc ATTACHMENT "E" Professional Fee Allocation City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Page 2 3. 4. 5. Phase I: Task Three - Master Planning: 3.1 Principals Time: Phase II: Standard Architectural and Engineering Services: The Professional Fees for this phase will be determined after City approval of the project size, location and estimated development value, utilizing a fee basis of eight point three percent (8.3%) of the project construction value. Additional Services: The additional services are defined in Attachment "C" of the agreement and shall be determined prior to initiating Phase II Services as to the value based upon the project size, location and development value. 5.1 18 hrs @ $152.00/hr.............................................................................. $ 2,736.00 3.2 Associates Time: 5.3 Landscape Architectural Services........................................................$ T.B.D 36 hrs @ $138.00/hr.............................................................................. $ 4,968.00 3.3 Computer Draftsperson I T.B.D 5.6 Permitting Coordination Services........................................................$ 48 hrs @ $65.00/hr................................................................................ $ 3,120.00 3.4 Graphic Designer: (also included with LEED Certification) .............................................$ T.B.D 5.8 32 hrs @ $65.00/hr................................................................................ $ 2,080.00 3.5 Civil Engineering: 16 hrs @ $180.00/hr.............................................................................. $ 2,880.00 3.6 Staff (Word Processor 1): 24 hrs @ $45.00/hr................................................................................ $ 1,080.00 3.7 Landscape Architect: 20 hrs @ $130.00/hr.............................................................................. $ 2,600.00 3.8 Reimbursable Expenses......................................................................... $ 3.100.00 3.9 Subtotal................................................................................................. $ 22,564.00 Phase II: Standard Architectural and Engineering Services: The Professional Fees for this phase will be determined after City approval of the project size, location and estimated development value, utilizing a fee basis of eight point three percent (8.3%) of the project construction value. Additional Services: The additional services are defined in Attachment "C" of the agreement and shall be determined prior to initiating Phase II Services as to the value based upon the project size, location and development value. 5.1 Interior Design.....................................................................................$ T.B.D 5.2 On -Site and Off -Site Civil Engineering ...............................................$ T.B.D 5.3 Landscape Architectural Services........................................................$ T.B.D 5.4 Site and Building Identification/Graphic Design ............................. $ T.B.D 5.5 Professional Liability Insurance..........................................................$ T.B.D 5.6 Permitting Coordination Services........................................................$ T.B.D 5.7 Facility Energy Analysis (also included with LEED Certification) .............................................$ T.B.D 5.8 Sales Tax Exemption Program.............................................................$ T.B.D 5.9 Special Engineering.............................................................................$ T.B.D H:IADMI"OB17661Contract\Attachment E -Professional Fee Allocation 0927.6.doc ATTACHMENT "E" Professional Fee Allocation City Hall — Police Department Detailed Needs Assessment and Replacement Cape Canaveral, Florida A.D.G. Project No. 766-06 Page 3 5.10 Extended Construction Observation....................................................$ T.B.D 5.11 Post Occupancy Review......................................................................$ T.B.D 5.12 Cost Estimating....................................................................................$ T.B.D 5.13 Computer Cabling System...................................................................$ T.B.D 5.14 Security Consultant..............................................................................$ T.B.D 5.15 Communications Consultant................................................................$ T.B.D 5.16 Site Survey Allowance.........................................................................$ T.B.D 5.17 Geotechnical Engineering Allowance ........................................... ..$ T.B.D 5.18 Grants Writing Assistance...................................................................$ T.B.D 5.19 Facility Model......................................................................................$ T.B.D 5.20 LEED Certification (includes Administration, Energy Modeling, Commissioning and Registration Fees) .................$ T.B.D 5.21 Audio / Visual Consultant................................................................... $ T.B.D 5.22 Traffic impact Study............................................................................$ T.B.D 5.23 Weekly on-site meetings (Option).......................................................$ T.B.D 5.24 Subtotal...............................................................................................$ T.B.D 6. Summary: Total Professional Fee Allocation: 6.1 Spatial Needs Assessment...................................................................... $ 23,498.00 6.2 Inventory of City Facilities.................................................................... $ 5,616.00 6.3 Master Planning..................................................................................... $ 22,564.00 6.4 Standard Architectural/Engineering Services ........................................ $ T.B.D 6.5 Additional Services................................................................................ $ T.B.D 6.6 Total/Professional Fees and Project Expenses ..................................$ T.B.D H'1ADMMJOB17661Contract\Attachment E -Professional Fee Allocation 0927.6.doc Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Consideration Item 12 No. storm drain line. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: CHANGE ORDER REQUEST FOR THE PRELIMINARY DESIGN OF THE BUCHANAN/ORANGE AVENUES DRAINAGE PROJECT DEPTIDIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider the proposed change order for the preliminary design of the Buchanan/Orange Avenues drainage project by Stottler, Stagg & Associates in the amount of $8,500 as recommended by the stormwater administrator. Summary Explanation & Background: This proposal will add (1) new inlet boxes at the Orange and Lincoln avenues intersections and (2) a larger storm drain line. The original cost estimate for this project was $257,600. The change in design will increase the overall cost of this project. See attached recommendation memo, original cost estimate and SSA's scope of services. Exhibits Attached: Stormwater administrator's memo; SSA's Proposal City Manager's O c Department PUBLIC WORKS/STORMWATER cape-nt\kim\mydocuments\admin\council\meeting\2006\10-17-06\chdngeorder.doc Memo To: Bennett Boucher, City Manager Through: Ed Gardulski, Public Works Director From: Jeff Ratliff, Stormwater Administrator Date: October 2, 2006 Re: Agenda Item for October 17, 2006 Funds for Stottler Stagg & Associates Engineering Fees -- Buchanan/Orange Avenues Drainage Project The Public Works Department is requesting approval of additional funds ($8,500) for the completion of engineering services by Stottler Stagg & Associates (SSA) for the Buchanan/Orange Avenues Drainage Project. Initial funds ($14,076) were previously approved by the City Council on Manch 15, 2005 for the performance of field surveys and hydraulic evaluations by SSA for the project. The additional funding is required to develop construction drawings due to expansion of the original scope of services (additional surveying, revising stomiwater calculations, modifying existing plans, etc.). The City has received a Community Development Block Grant (CDBG) through Brevard County and FEMA funds through the Hazard Mitigation Grant Program to complete the construction portion of the project. The additional funds for engineering design work were budgeted in FY2005-2006. Recommend: City Council approval of additional funds for SSA in the amount of $8,500. 0 Page 1 August 25, 2006 Jeff Ratliff Stormwater Utility Director City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920-0326 RE: Orange/Buchanan Storm Drain Box SSA Job No. 05-0021 Dear Jeff: In response to our recent discussions and your request, SSA is now adding new storm inlet boxes at the Orange and Lincoln intersection and running a larger storm drain line to the previous design of the Orange/Buchanan intersection box. We are picking up some additional survey along Orange Avenue between Buchanan and Lincoln Avenue, running some preliminary drainage calculations on the proposed storm drain line (may be in the 30" range), enlarging the boxes at Lincoln, and modifying the existing plans to accept the new additions. This added improvement will significantly reduce the flooding within the area. We are estimating the completion of this work in late September 2006 and we have attached a Notification of Additional Services for our contract purposes. We will keep you informed on this work on a regular basis and if you have any questions please call. Sincerely, STOTTLER STAGG & ASSOCIATES Architects, Engineers, Planners, Inc. r�f fir' John A. Pekar, PE City Engineer Attachment: • Notification of Additional Services STOT'ITER STAGG & ASSMATF.S ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-7811320 Fax 321-783-7065 Inc. #AAC000329 #E$0000762 #LS0006700 P.10!.p021ydiniMl-additiaial ser�ice.doc Notification of Additional Services Date: August 25, 2006 SSA Project No.: OS -0021 Project Name: Orange / Buchanan Client: City of Cape Cana-veral — Stormwater Requested By: Jeff Radcliff Requested Service: Extension of drainage improvements to Orange / Buchanan intersection improvements. SSA work to include design of Orange / Lincoln intersection storm drains, upsize (and replacement) of storm drain line between Lincoln and Buchanan, and modify existing designs for new system. Designs include field surveys, design calculations, and additional construction drawings to be added to original construction package. Requested Service Taken By: John Pekar SSA Method of Billing Additional Services: Lump Sum to be added to existing contract. SSA Fee is $8,500. Client Telephone No.: 321-868-1240 Client Fax No.:32i-868-1233 Additional services can only be processed with your signed approval below. APPROVED BY: Meeting Type: Regular Meeting Date: 03-15-05 AGENDA Heading Considerations Item 6 No. AGENDA REPORT CITY COUNCIL. OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL FROM STOTTLER, STAGG & ASSOCIATES FOR STORMWATER GRANT PRELIMINARY ENGINEERING DESIGN IMPROVENI NTS LOCATED AT ORANGE AND BUCHANAN AVENUES DEPT./DIVISION: PUBLIC WORKS/STORMWATER Requested Action: City Council consider approval of a proposal from Stottler, Stagg & Associates for stortnwater grant preliminary engineering design for improvements to the Orange Avenue and Buchanan Avenue imtersection in the amount of $14,076 as recommended by the public works director. Summary Explanation & Background: This project is scheduled in the five-year capital improvement plan for the 2006/07FY. For this particular grant, FEMA is requiring extensive detail for the proposed project. Funds for the preliminary engineering task can be appropriated from the stortnwater utility contingency. Estimated total project cost is $257,600. If awarded, the City would pay $64,400 and FEMA would pay $193,200. Please advise. Exhibits Attached: Public works director's memo, proposal and project description City Man*Mls Office Department PUBLIC WORKS/STORMWATER im my doc s\admin\council\meeting\2005\03-15-05\stormwater.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: February 24, 2005 SUBJECT: City Council Agenda Item March 15, 2005 Stormwater Grant Preliminary Engineering Design Orange Avenue and Buchanan Avenue Brevard County Office of Emergency Management has been allocated $15,000,000 from FEMA to be divided between the Agencies of the Local Mitigation Strategy Group (LMSG) of Brevard County. The City of Cape Canaveral has been active in defending our 1999 requested needs. As the result of many meetings after the 2004 Hurricane season the City of Cape Canaveral is allocated $637,814 for Storm Mitigation. If the project is approved by FEMA, the City of Cape Canaveral's share of this project will be 25% of the total cost. FEMA will pay 75% of the Mitigation Project. Funding of this program is through the FEMA Hurricane Mitigation Grant Program (HMGP). The City of Cape Canaveral's proposal for the FEMA HMGP is to resolve the flooding issue within the Center Street Stormwater Basin; more specifically the Lincoln Avenue and Orange Avenue area. This problem is the result of the restriction of the flow of Stormwater during heavy rainfall periods at the junction point located at Orange and Buchanan Avenue. The conceptual plan is to construct a large junction box under the road intersection. In addition, if additional real estate is available, an interconnecting pond maybe added for additional storage of Stormwater in the future. The probable cost for this project prepared by Staff is $257,600. The City of Cape Canaveral's 25% share is $64,400. Attached is a list of proposed cost developed by City Staff. As part of this cost sharing FEMA Mitigation Grant, the City is required to submit preliminary engineering design and construction costs as part of the Application. Attached is a proposal from the City's Engineer, SSA. Recommend Task 1 and Task 3 in the amount of $14,076. This project was not a budgeted item. More so, the FEMA Mitigation Grant funding is the result of Hurricane Jeanne. Time is of the essence in meeting the application deadline of April 15th Recommend approval of Task 1 and Task 3 in the amount of $14,076 and the Appropriation of the necessary Stormwater funds. February 21, 20[}5 SSA Ed Gardulski, Director, Public Works City of Cape Canaveral 145 Polk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee Proposal for Major Storm Drain Box at Buchanan Ave, Cape Canaveral, FL Dear Ed: Per your request, Stottler Stagg & Associates, Architects Engineers Planners, Inc. (SSA) is pleased to present our fee proposal for design of major storm drain junction box at Buchanan Avenue. As discussed, this intersection of Orange Avenue and Buchanan Avenue has an existing manhole with a hydraulic problem. Stormwater flows coming to the south along Orange Avenue meet in the manhole and conflict with flows going north from Lincoln Avenue. The result is a higher stormwater stage in the smaller storm drain back to Lincoln, with inlet boxes flooding the street and into residential yards. A larger storm drain box is needed that better separates the conflicting storm flows, reduces turbulence. and lowers the hydraulic gradient in the line going back to Lincoln. SSA's specific scope of work is as follows: SSA SCOPE OF WORK Task 1 — Field Surveys: SSA will obtain topographic elevations of the Orange/Buchanan Avenue intersection and also obtain existing inverts of the local storm culverts and inlet boxes. First floor slabs of impacted properties near Lincoln Avenue will also be obtained. Task 2 — Soils Investigation (By Others): SSA will coordinate two soil borings by a testing laboratory to evaluate design criteria for the major junction box. Bearing soil values, pavement designs, water tables. etc., will be obtained from the soil investigations. The cost for this testing program will be forwarded directly to the City. Task 3 — Hydraulic Evaluation: SSA will perform a hydraulic evaluation of the existing box for the existing condition and then model the proposed junction box Preliminary designs will be reviewed with City staff with preliminary cost estimates being prepared. The proposed design will impact the existing roadway intersection and, as such, an initial maintenance of traffic (MOT) plan will also be considered. Task 4 — Construction Desi ns: SSA will prepare construction designs for the major junction box. As this is a "maintenance type" project no regulatory permits are anticipated and this will be discussed with the SJRWMD following the hydraulic evaluation. If permit applications are required this will be considered an additional service. Five sets of plans will be given to the City with this design. Task 5 — Construction Su art: As an additional task SSA can furnish construction support as follows: Prepare for and attend contractor pre-bid meeting Prepare for and attend contractor pre -construction meeting • Review shop drawings Perform site inspections Finalize project (including punch lists if needed) Final certification A separate SSA proposal will be issued for this task if requested by the City. 5'l'[ffTI.}:R TACT(T ASS€3C-IAt'1'+ ARCHITECTS ENGINEERS PI-MuNNERS, INC', 46lNull! AILu.`c Ut4 ,,!t P.1) Dox 1h31 C.'mf Ca^avora`.. F;armfa:VII21i 1"! :G21_7'.. i-kx I Xi 2""" ri:10-.1iW762 *1.r3:i1Wr'YH1 ,af43, £I: :. j:fl r'l•:F:K�'C•C71`Af;.r pit', Ed Gardulski February 21. 2005 Page 2 SSA Fee Proposal -Drainage Box at Buchanan Avenue SCHEDULES AND FEES Schedules: Upon receipt of a City Purchase Order SSA will start work immediately. Approximately twenty (20) working days are required for Tasks 1 and 2. Upon receipt of this data final schedules will be prepared by SSA to complete the design package. Fees: SSA's fees for the above listed tasks (Items 1, 3 and 4 above), will be a lump sum fee of $22,000. Print costs for five (5) sets of drawings have been included in the lump sum fee. SSA's fees will be invoiced based on a percentage of work being completed each month and payment will be due within thirty (30) days of receipt. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction overthe project- Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re -negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by SSA throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by SSA, not including reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the City hereby agrees to pay all costs of such collections including Attorney's fees. The City and SSA respectively bind themselves, their partners, successors, assigns and legal representative to the other pasty to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through February 22, 2005. Acceptance after this date may necessitate increased fees or altered conditions. Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a signed copy and a City Purchase Order. Thank you. Sincerely, Stottler Stagg S Associates Architects, Engineers, Planners, Inc. A.. John A Pekar, PE Vice President JAP:jls cc: Kim Kelly �vihCioiects' rcpcsai`tiSy c`r,3f6 canauerr+.'4j-J.jr-Julsk: h,cnaAan lx ACCEPTANCE: BYE TITLE: DATE: LU H a W Ix 3 0 CL z a 4.1-.11 . W c Uy _e d W G �-0 O h c O LLM O z N lV d W N � N � d GI N 0 C> d a U 3 CV) c!1 t►s c E y n ?C W c 0 c 0 c a 01 0 O a. 0 a, a� m 0.9 s1 U m E- 0 c a U m GO W r fA cm c X W C O L cm C O m CL E E 0 a L 4) 3 a� CO E O cn a O CL 0 a.L N W T- 6 O Z co a CD L LL 9 Buchanan and Orange Avenues 11 . Engineering Costs 22,000 . Junction Manhole/RCP/Materials 86,000 . Construction Costs Mobilization 10,000 Dewater/Silt Removal 20,000 Excavation 8,000 Erosion Control 3,500 Fill 3,000 Crane Rental 15,000 Grout Work 3,000 Paving/Restoration 25,000 Maintenance of Traffic 2,000 Curb/Gutters 6,500 Miscellaneous 8,000 �. City Costs Reporting/Accounting 12,000 224,000 15% Contingency 33,600 I Project Cost: 257,600 FEMA Cost Share (75%) 193,200 City Cost Share (25%) 64,400 Notes: 1). Probable costs developed by Public Works Department based upon costs for recently completed, similar -type projects. Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Ordinances -2nd Reading [tem No. 13 AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 16-2006, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC DEPT/DIVISION: ADMINISTRATIONICITY MANAGER Requested Action: City Council consider Ordinance No. 16-2006, adopting a new cable franchise agreement with Bright House Networks, LLC. Summary Explanation & Background: The term of the non-exclusive franchise is for (10) years. I recommend approval. Exhibits Attached: Ordinance No. 16-2006; Franchise Agreement City Manager's O Department ADMINISTRATION/CITY MGR cape-nt\kim\mydocuments\admin\council\meeting\2006\10-17-06\16-2006.doc ORDINANCE NO. 16-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, City Ordinance No. 38-94, commonly referred to as the Cable Television Franchise Ordinance granted a non-exclusive Franchise to Time Warner Entertainment Company, a Limited Partnership, its successors and assigns, to operate and provide a television cable service to the citizens of the City by utilizing public rights-of-way within the corporate boundaries of the City; and WHEREAS, in accordance with City Resolution No. 2002-43, the City's Cable Television Franchise Agreement was thereafter assigned from Time Warner Entertainment to TWEAN Subsidiary, LLC as successors to the Franchise; and WHEREAS, TWEAN Subsidiary, LLC changed its name to Bright House Networks, LLC (BHN) on April 1, 2003; and WHEREAS, BHN has indicated its intent to continue to provide cable system services to subscribers within the City and has requested the issuance of this Franchise pursuant to the terms hereof; and WHEREAS, the original Franchise was for an initial term of ten years, expiring at midnight on November 1, 2004, however, BHN has provided notice of renewal as provided in 47 U.S.C. § 546 and agreed to continue to provide service under terms and conditions of Ordinance No. 38-94, as amended. until this Agreement is adopted; and WHEREAS, the City deems it necessary to enter into a new Franchise Agreement with BHN to take into account the new regulatory environment created by the enactment of the Telecommunications Act of 1996, the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statutes, and recent court precedent concerning the local regulation of cable franchises in order to ensure proper regulation of the local cable franchise, safeguard the use of City rights-of-way and promote the quality and reliability of cable services offered to the citizens of Cape Canaveral; and City of Cape Canaveral Ordinance No. 16-2006 Page 1 of 3 WHEREAS, the City is authorized to grant one or more non-exclusive, revocable, franchises to construct, reconstruct, operate, and maintain a cable communications system within the City and has negotiated this Agreement with BHN pursuant to the Cable Communications Policy Act of 1984, as amended, by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996; and WHEREAS,the City Council has considered the requirements of section 166.046(2), Florida Statutes, and hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Adoption of Cable Franchise Agreement. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the Franchise Agreement entered into by and between the City of Cape Canaveral, Florida and Bright House Networks, LLC, a Delaware Limited Liability company, attached hereto as Exhibit "A". Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Not Incorporated Into Code. This ordinance shall not be incorporated into the Cape Canaveral City Code. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. {Adoption Page Follows} City of Cape Canaveral Ordinance No. 16-2006 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ROCKY RANDELS, Mayor ATTEST: For Against Burt Bruns Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 16-2006 Page 3 of 3 FRANCHISE AGREEMENT THIS AGREEMENT is made and entered into as of this day of , 2006, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation (the "City"), whose address is, 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920, and BRIGHT HOUSE NETWORKS, LLC ("BHN"), Delaware limited liability company whose address is 2251 Lucien Way, Maitland, FL 32751. RECITALS WHEREAS, City Ordinance No. 38-94, commonly referred to as the Cable Television Franchise Ordinance granted a non-exclusive Franchise to Time Warner Entertainment Company, a Limited Partnership, its successors and assigns, to operate and provide a television cable service to the citizens of the City by utilizing public rights-of-way within the corporate boundaries of the City; and, WHEREAS, in accordance with City Resolution No. 2002-43, the City's Cable Television Franchise Agreement was thereafter assigned from Time Warner Entertainment to TWEAN Subsidiary, LLC as successors to the Franchise; and WHEREAS, TWEAN Subsidiary, LLC changed its name to Bright House Networks, LLC (BHN) on April 1, 2003; and WHEREAS, BHN has indicated its intent to continue to provide cable system services to subscribers within the City and has requested the issuance of this Franchise pursuant to the terms hereof; and WHEREAS, the original Franchise was for an initial term of ten years, expiring at midnight on November 1, 2004, however, BHN has provided notice of renewal as provided in 47 U.S.C. § 546 and agreed to continue to provide service under terms and conditions of Ordinance No. 38-94, as amended, until this Agreement is adopted; and WHEREAS, the City deems it necessary to enter into a new Franchise Agreement with BHN to take into account the new regulatory environment created by the enactment of the Telecommunications Act of 1996, the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statutes, and recent court precedent concerning the local regulation of cable franchises in order to ensure proper regulation of the local cable franchise, safeguard the use of City rights-of-way and promote the quality and reliability of cable services offered to the citizens of Cape Canaveral; and WHEREAS, the City is authorized to grant one or more non-exclusive, revocable, franchises to construct, reconstruct, operate, and maintain a cable communications system within the City and has negotiated this Agreement with BHN pursuant to the Cable Communications Policy Act of 1984, as amended, by the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996; and WHEREAS, the City has determined that it is in the best interest of the public's health, safety and welfare for the City and its residents to enter into this Agreement with BHN; and WHEREAS, the City has approved this Agreement pursuant to adoption by the City Council of Ordinance No. 16-2006. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, the parties do mutually agree as follows: I. RECITALS. Recitals Incorporated. Each and all of the foregoing recitals be and the same are hereby incorporated herein and acknowledged to be true and correct. Failure of any of the foregoing recitals to be true and correct shall not operate to invalidate this Agreement. II. PURPOSE AND LEGISLATIVE FINDINGS. 2.1. Purpose. The City finds that the development of cable communications has the potential of having great benefit and impact upon the people of the City. Because of the complex and rapidly changing technology associated with cable television, the City further finds that the public convenience, safety and general welfare can best be served by exercising regulatory powers which are vested in the City or such persons as the City shall designate. It is the intent of this ordinance and subsequent amendments to provide for and specify the means to attain the best possible public interest and public purpose in these matters and any Franchise issued pursuant to this ordinance shall be deemed to include this finding as an integral part thereof. Further, it is recognized that cable communications systems have the capacity to provide not only entertainment and information services to the City's residents, but can provide a variety of interactive communications services to institutions and individuals. Many of these services involve City agencies and other public institutions, by providing governmental, educational or health care communications. For these purposes, the following goals underline the terms contained herein: (a) Communications services should be made available to all City residents, subject to the requirements of Section 16.10. (b) The cable communications system should be capable of accommodating both the present and reasonably foreseeable future communications needs of the City and should be improved and upgraded if necessary during the Franchise term so that the new facilities necessary for the operation of this system shall be integrated to the maximum extent possible with existing facilities. The cable communications system authorized by this Agreement shall be responsive to the needs and interests of the local community, and shall provide a wide diversity of information sources and services to the public. (c) The education and governmental needs for access to the cable communications system should be met. 2.2 Legislative Findings. In considering whether to grant a cable television Franchise within the City to any person, the City has considered all relevant facts and matters, both procedural and substantive, in arriving at its decision including, but not limited to, the following: (a) The economic impact upon private property within the City; (b) The need for a cable television Franchise within the City, if any; (c) The capacity of public rights-of-way to accommodate the cable system; (d) The present and future use of the public rights-of-way to be used by the cable system; (e) The potential disruption to existing users of the public rights-of-way to be used by the cable system and the result of inconvenience which may occur to the public; and (f) The financial ability of the Franchisee to perform and other societal interests, including the dissemination of information through the cable system and the exercise of the rights of free speech under the First Amendment of the United States Constitution and the Florida Constitution. III. DEFINITIONS. When used in this Agreement, the following words shall be defined as indicated below, unless the context clearly indicates otherwise. Terms used in this Agreement but not defined below which are defined in the Act, shall have the meaning set forth in 47 U.S.C. §521 et. sea, as amended by the Telecommunications Act of 1996. 3.1 "Access Channel' shall mean any channel on a cable system set aside without charge by the Franchisee for non-commercial, local access programming relating to educational and local governmental use which has been recognized and approved as such by the City. 3.2 "Act" shall mean the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, as further amended by the Cable Television Consumer Protection and Competition Act of 1992, codified in 47 U.S.C. § 521 et sea., 3 and as amended by the Telecommunications Act of 1996, and as these acts may hereinafter be amended. 3.3 "Agreement" shall mean this Franchise Agreement as may be amended by agreement of both parties pursuant to Sec. 21.2. 3.4 "Applicant" shall mean any officer, agent, employee or representative seeking an approval, grant, revision, amendment, transfer or renewal under this Agreement. 3.5 "Cable System" means a closed transmission path and associated signal generation, reception and control equipment and other communications equipment including, but not limited to, any headend, antenna, wire, cable, line, tower, pole, amplifier, converter, and fiber optic line, that is designed to provide cable service which includes video programming and other services and which is provided to multiple subscribers within a community, but such term does not include: (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves only subscribers in one or more multiple unit dwellings under common ownership, control, or management, unless such facility or facilities uses any public rights-of-way; (c) a facility of a common carrier which is subject, in whole or in part, to the provision of Title Il of the Act, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers; or (d) any facilities of any electric utility used solely for operating its electric utility systems. 3.6 "Channel' means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel. 3.7 "City Manager" shall mean that person who is appointed by the City Council of the City of Cape Canaveral, Florida. For the purposes of this Agreement, the "City Manager" shall include his or her designee. 3.8 "Complaint" means an indication from a subscriber of a problem with any aspect of cable service when it results in a service call or written indication from a subscriber of a problem with any aspect of cable service. 3.9 "Communications Services Tax" shall mean the tax provided in the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statutes, as that law has been and may hereinafter be amended or renumbered, and any other ordinance or resolution setting the amount for the local CST that may be adopted by the City Council for the City of Cape Canaveral and not inconsistent with the City Charter that may be excised and collected by the City or Franchisee on behalf of the City. 3.10 "Converter" means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and any channel selector which permits a subscriber to view signals delivered at designated converter dial locations at the set or by remote control. 3.11 "Days" means calendar days unless otherwise specified. 3.12 "Facilities and Equipment" shall include, but not be limited to, wires, cable, conductors, ducts, conduits, vaults, manholes, trenches, amplifiers, converters, appliances, attachments, poles and other property and equipment which are located in the public rights-of-way. 3.13 "FCC" shall mean the Federal Communication Commission and any legally appointed or elected successor. 3.14 "Fiscal Year" shall mean a calendar year beginning January 15L of each year. 3.15 "Franchise" shall mean an initial authorization or renewal thereof, voluntarily entered into by the Franchisee and issued by the City, whether such authorization is referred to as a Franchise, permit, license, ordinance, resolution, contract, certificate, agreement, or otherwise, which authorized the construction or operation of a cable system in the City. All Franchises shall be non-exclusive. Any such authorization, in whatever form granted, shall not mean or include any Franchise or permit required for the privilege of transacting and carrying on a business within the City as required by other code provisions and ordinances of the City. 3.16 "Franchise Area" means all of the territory within the incorporated City, and such additional territory as may be from time to time annexed into the City. The Franchisee shall be notified in writing of any annexations to the City. 3.17 "Franchise Fee" means the percentage as specified in this Agreement, of the Franchisee's gross annual revenues derived from the operation of the cable system in the City and which is payable in exchange for the rights granted by this Franchise. 3.18 "Franchisee" shall mean Bright House Networks, LLC ("BHN"), and the lawful successor, transferee, or assignee of such person. 3.19 "Gross Annual Revenues" means all receipts arising from, attributable to providing cable service, or in any way derived directly or indirectly from the provision of the Franchisee's cable services in the Franchise area, including but not necessarily limited to fees of any kind whatsoever charged to subscribers of the cable system, including but not limited to monthly subscriber fees, service charges, late fees, leased access fees, installation charges, service protection or installation warranty fees, change -in-service fees, disconnect and reconnect fees, fees derived and collected from access and origination channels, all revenues received by the Franchisee for Pay -Per -View, leased channels, premium channels, pay television, and equipment sales, lease or rental and other cable services provided over the cable system in the City of Cape Canaveral to subscribers and any revenues derived from the leasing of cable or fiber optic lines and other transmission devices and equipment for the provision of cable services. "Revenues shall be defined consistent with Generally Accepted Accounting Principles (GAAP). Gross annual revenues shall also include any revenues derived from advertising less agency fees allocable to the City based upon the subscriber base of the City divided by the subscriber base of the cable system, the quotient of which shall be multiplied by the cable system's total advertising revenue to determine the allocable revenue stemming from advertising and any revenues from home shopping channels or other sources allocable to the City based upon the subscriber base in the City divided by the subscriber base of the cable system and any revenues derived from cable service provided on the system. The phrase "gross annual revenues" shall not include any fees or taxes which are imposed directly on any subscriber thereof by any governmental unit or agency, and which are collected by the Franchisee on behalf of that entity. Nor shall the phrase include any debts for service or equipment owed but uncollected by the Franchisee or any payment to an affiliate or parent company of Franchisee for programming or transmission capacity where such payment is treated by Franchisee as an expense. Gross annual revenues shall be used to determine the basis for computing an alternative Franchise Fee in the event Chapter 202, Florida Statutes, is repealed or otherwise deemed unconstitutional as more specifically set forth in Article IX of the Agreement. 3.20 "Installation" shall mean the connection of the cable system from feeder cable to the subscribers' terminal(s). 3.21 "Person" shall mean any individual, corporation, partnership, association, joint stock company, trust, joint venture, organization or legal entity of any kind, any lawful trustee, successor, assignee, transferee or personal representative thereof. 3.22 "Public Right -of -Way means the surface, the air space above the surface, and the area below the surface of any public street, sidewalk, bridge, waterway, utility easement, or other public property, including public utility easements dedicated for compatible uses as set forth in Title 47 U.S.C. § 541(a)(2) in and over which shall entitle the City and the Franchisee to the use thereof for the purpose of installing and maintaining the Franchisee's cable television system. No reference herein, or in any Franchise, to the "public right-of- way" shall be deemed to be a representation or guarantee by the City that its title to any property is sufficient to permit its use for such purpose, and the Franchisee shall, by its use of such terms, be deemed to gain only such rights to use property in the City as the City may have the undisputed right and power to give. 3.23 "Subscriber" shall mean a person or legal entity lawfully using or receiving cable television on a particular cable system from a Franchisee. 3.24 3.25 "Sunshine State One -Call of Florida, Inc." shall mean the not-for-profit corporation created by Section 556.103, Florida Statutes, to administer the provisions of the Underground Facility Damage Prevention and Safety Act set forth at Chapter 556, Florida Statues. 3.26 "Total Disruption of Service" means the inability of any subscriber to receive Franchisee's cable transmission on more than one channel due to signal failure, malfunction, or to receive said transmission in such poor quality as to make viewing impracticable to a reasonable subscriber. R 3.27 "Transfer" means the disposal by the Franchisee, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest in the cable system, or thirty-five percent (35%) cumulatively over the term of the Franchise of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Franchisee. IV. GRANT OF FRANCHISE, 4.1 Grant of Franchise. BHN is hereby granted a cable Franchise, subject to the terms and conditions of this Agreement. Pursuant to this Franchise, the Franchisee may construct, operate, and maintain a cable system in, under, over, along, across or upon the public rights-of-way within the City for the purpose of reception, transmission, collection, amplification, origination, distribution or redistribution of audio, video, digital, microwave, data, or other signals and is intended solely for the provision of cable services. Any Franchisee electing to provide additional telecommunication services over the cable system shall satisfy all state and federal regulations pertaining to the provision of such services. In exercising rights pursuant hereto, the Franchisee shall not endanger or interfere with the lives of persons, interfere with any structures, buildings, or facilities of the City, any public utility, or any other person permitted to use the public rights-of-way, nor unnecessarily hinder or obstruct the free use of the public rights-of-way. The grant of this Franchise does not establish priority for use over other present or future permit, license, or utility franchise holders or the City's own use of the public rights-of-way and any such privilege or right conveyed to a Franchisee shall be subordinate to the existing use of a public right-of-way. In addition, this Agreement does not authorize the provision of cable services to any private property owner without express consent of such owner unless otherwise authorized by law. City shall not grant any overlapping franchises for cable services within its jurisdiction on terms or conditions more favorable or less burdensome than those in any existing franchise within the City. All rights granted for the construction, reconstruction, installation, maintenance, and operation of the cable system shall be subject to the continuing right of the City to require such reconstruction or relocation of the cable system in the public rights-of-way as shall, at the sole discretion of the City, be in the public interest. To the extent that other users of the public rights-of-way are compensated for moving their facilities, the Franchisee shall also be compensated for moving its facilities pursuant to Section 15.7 of the Agreement. 4.2 Franchise Not Exclusive. The grant of this Franchise shall be non-exclusive and shall not affect the right of the City to grant to itself or any other person the right to: build, operate, or own a cable system; or occupy or use the public rights-of-way for the construction, reconstruction, maintenance, and operation of a cable system or for any purpose whatsoever. No privilege or power of eminent domain is bestowed on the Franchisee by the grant of this Franchise. 7 4.3 Event of Conflict. In the event of conflict between the terms and conditions of the City Code and this Agreement, this Agreement shall control. In all events, the Franchisee shall, to the extent not inconsistent with this franchise agreement, comply with all laws, ordinances and regulations enacted by the City pursuant to its lawful police and regulatory powers as authorized by law and shall comply with all federal and state laws pertaining to the provision of cable systems. Nothing in the Franchise shall be deemed to waive the requirements of the various codes of the City regarding permits, taxes, fees to be paid, or manner of construction. V. EFFECTIVE DATE OF FRANCHISE; TERM. 5.1 Effective Date. The effective date of this Franchise shall be upon its approval by the City Council, subject to Bright House Networks acceptance within sixty (60) days. The effective date of this Franchise shall be . Any prior Franchise granted to the Franchisee, is hereby superseded and of no further force and effect. 5.2 Term. The term of this Franchise shall be for a period of ten (10) years from the effective date unless sooner terminated as provided for in this Agreement. The Franchise shall terminate on 5.3 Renewal Term. The Franchise shall be renewed under the provisions of the federal Cable Act. VI. FRANCHISE OPERATION. 6.1 Use of Public Rights -of -Way. For the purpose of operating and maintaining a cable system in the City, the Franchisee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the public streets and ways within the City its facilities and equipment as are necessary to the operation of the cable system; provided, however, that the Franchisee complies with all design, construction, safety, and performance provisions contained in this Agreement and any other provisions of City Code. All privileges prescribed by this Franchise shall be subordinate to any prior lawful occupancy of the public rights-of-way, and the City reserves the right to reasonably designate where a Franchisee's facilities are to be placed within the public rights-of-way. 6.2 Right of Condemnation Reserved. Nothing herein shall limit any right the City may have to acquire by eminent domain or otherwise any property of Franchisee; provided, however, that any such acquisition shall be for a price that values the Franchisee's property as allowed by law. 6.3 City's Right to Perform Public Works. Nothing in this Agreement shall be in hindrance to the right of the City or any governmental authority to perform or carry on, directly or indirectly, any public works or public improvements of any description. Should the cable system in any way interfere with the construction, maintenance or repair of such public works or public improvements, the Franchisee shall, at its own cost and expense, to the extent other users of the rights-of-way do so at their cost and expense, protect or relocate its cable system, or part thereof, as reasonably directed by the City officials or any governmental authority. 6.4 Emergency Removal of Plant. If at any time, in case of fire, emergency, or disaster in the City, it shall become necessary in the reasonable judgment of the City to cut, move, or relocate any of the Franchisee's facilities and equipment or appurtenances of the cable system, the City shall have the right to do so at the sole cost and expense of Franchisee. However, the City shall make all reasonable efforts to contact the Franchisee prior to any cutting or moving of wires, cables, amplifiers, appliances, or appurtenances of the cable system, and if possible, in the City's reasonable discretion, to allow the Franchisee to perform any cutting or moving of the cable system wires, cables, amplifiers, appliances, or appurtenances. The Franchisee shall bear all costs of reinstallation, repair, and other costs resulting from or arising out of the emergency cutting or removal of the cable system; provided, however that in the event it is determined that an emergency, fire, or disaster did not exist, then the cost of such removal and reinstallation shall be borne by the City. 6.5 Removal or Abandonment. Upon termination of the Franchise, absent right of renewal and at the request of the City, the Franchisee shall remove its cable system from the public rights-of-way and shall restore any property, public or private, to its original condition prior to the installation, erection, or construction of the cable system. Restoration of City property, including, but not limited to, the public rights-of-way, shall be in accordance with the directions and specifications of all affected departments and agencies of the City, and all applicable law. The Franchisee shall accomplish such restoration at its expense. Such removal and restoration shall be completed within twelve (12) months after notice by the City delivered in writing to Franchisee. In the event the Franchisee fails or refuses to remove its system or to satisfactorily restore all areas to as reasonably close a condition as existed prior to the original construction of the system, the City, at its option, may perform such work and collect the cost thereof from the Franchisee. 6.6 Time Is of the Essence. Whenever this Agreement shall set forth any time for any act to be performed by or on behalf of the Franchisee, such time shall be deemed to be of the essence, and any failure of the Franchisee to perform within the time allotted shall be sufficient ground for the City to invoke any applicable provision of the City Code or this Agreement. 6.7 No Waiver of Rights. No course of dealing between the Franchisee and the City nor any delay on the part of the City in exercising any rights hereunder shall operate as a waiver of any such rights of the City or acquiescence in the actions of the Franchisee in contravention of the City's rights, except to the extent expressly waived by the City in writing or expressly provided for in the Franchise. VII. TRANSFER OF OWNERSHIP OR CONTROL. 7.1 Transfer of Franchise. This Franchise shall only be sold, transferred, leased, assigned or disposed of, including but not limited to, by forced or voluntary sale, merger, 01 consolidation, receivership or other means pursuant to federal regulations. The Franchisee shall provide written notice to the City of the transfer. In reviewing such transfer request, the City shall consider transferee's legal, financial and technical qualifications in accordance with local, federal and state regulations. No application for a transfer shall be granted unless transferee agrees in writing that it will assume and accept all obligations and liabilities under this Agreement. 7.2 Transfer Threshold. The Franchisee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of, control of the Franchisee. 7.3 City Approval. Every change, transfer, or acquisition of control of the Franchisee shall make the Franchise subject to cancellation unless and until the City shall have consented thereto in writing subject to applicable federal law. For the purpose of determining whether it may consent to such change, transfer, or acquisition of control, the City may inquire without limitation into the legal, financial and technical qualifications of the prospective transferee or controlling party, and the Franchisee shall assist the City in obtaining all required information. Failure to provide information in accordance with applicable federal law shall be grounds for denial of the proposed change, transfer or acquisition of control. 7.4 Signatory Requirement. Any approval by the City of transfer of ownership of the Franchise shall be contingent upon the prospective assignee becoming a signatory to the Franchise. 7.5 No Waiver/Release for Transfer. Approval by the City of a transfer of the Franchise does not constitute a waiver or release of any of the rights or remedies of the City under this Agreement, whether arising before or after the date of the transfer. VIII. MODIFICATION OR RENEWAL OF FRANCHISE. 8.1 Modification. Any request by the Franchisee for a modification of this Franchise shall be in writing and shall include the following information at a minimum: 1) the specific modification or modifications requested; and 2) the justification for the modification, including the impact of the requested modification on the cable system and subscribers, and the financial impact if the modification is approved or disapproved. A request to modify the Franchise shall also include a statement as to whether the modification is sought pursuant to Title 47 U.S.C. § 545 and a demonstration by the person seeking the modification that the modification meets the standards set forth under 47 U.S.C. § 545. An affidavit or sworn declaration of an authorized officer certifying the truth and accuracy of the information supporting the request for a modification of the Franchise and that such modification is consistent with the Act and any other applicable federal, state, and local laws. 8.2 Renewal. Renewal of this Franchise shall be conducted in a manner consistent with 47 U.S.C. § 546. Upon consideration of the renewal, City shall determine the level of services needed to meet the City's cable -related needs and interests. Failure of Franchisee 10 to initiate the renewal process in a timely fashion shall be treated as an informal request to renew and shall be at the discretion of the City in accordance with 47 U.S.C. § 546(h). The City may deny a request for renewal pursuant to federal law. IX. COMMUNICATIONS SERVICES TAXIFRANCHISE FEES. 9.1 Communications Services Tax. Franchisee shall pay the Communications Services Tax provided in the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statues, as such law has been and may hereinafter be amended or renumbered, and any City ordinance or resolution adopted pursuant to the City's Charter and the authority granted within Chapter 202, Florida Statutes. In the event that Chapter 202, Florida Statutes, or any portion thereof affecting the ability of the City to collect the communications service tax is repealed, held to be unconstitutional, invalid, or unenforceable, Franchisee, as compensation for the privilege of operating the Franchise for a cable system pursuant to this Agreement, shall pay to the City a Franchise Fee of five percent (5%) of the Gross Annual Revenues excluding bad debts, taxes and fees collected by the Franchisee. If, in the future, applicable law including but not limited to the Act, as amended from time to time, allows a greater Franchise Fee, the parties shall meet and confer to negotiate with respect to the fee. Thereafter, the Franchise Fee may be amended by mutual agreement of the parties at any time. The City shall be furnished a fully - certified statement of said payment by a certified public accountant or financial officer of the Franchisee, reflecting the total amounts of gross annual revenues from subscribers within the City and of the above charges and computations for the period covered by the payment within ninety (90) days after the end of each year when Franchise Fees are paid directly to the City. Sections 9.2 through 9.13 and any references to Franchise Fees and/or gross revenues shall not be in effect as long as the Franchisee pays the Communications Services Tax or similar tax or fee. 9.2 Franchise Fees in Addition to Other Taxes or Payments. In the event that a Franchise Fee is to be paid pursuant to this Agreement, payment of the Franchise Fee made by the Franchisee to the City shall not be considered in the nature of a tax, but, to the extent consistent with applicable law, shall be in addition to any and all taxes of general applicability which are now or may be required hereafter to be paid by any federal, state, or local law. 9.3 Acceptance by the City. Subject to applicable law, no acceptance of any payment by the City shall be construed as a release or as an accord and satisfaction of any claim that the City may have for further or additional sums payable as a communications services tax or Franchise Fee under this Agreement or for the performance of any other obligation of the Franchisee. 9.4 Late Fees. In the event that a Franchise Fee payment is not received by the City on or before the due date set forth above, or is underpaid, the Franchisee shall pay simple interest at the prime rate as set forth in the Wall Street Journal. The Franchisee shall not be responsible for paying interest on delinquent Franchise Fees resulting from erroneous database information provided by the City. Any interest paid by the Franchisee is intended to be a charge incidental to the enforcement of a Franchise within the meaning of 47 U.S.C. §542(g)(2)(D), and may not be deducted from the Franchise Fee imposed by this Agreement. Furthermore, the City may invoke all rights and remedies available under applicable law and this chapter. 9.5 Quarterly Filing. A Franchisee shall file with the City, on a quarterly basis with the payment of the Franchise Fee, a financial statement setting forth the computation of gross revenues used to calculate the Franchise Fee for the preceding quarter and a detailed explanation of the method of computation showing the revenue derived from each category of the Franchisee's operations. The statement shall be certified by a certified public accountant or a Franchisee's financial officer. The Franchisee shall bear the cost of the preparation of such financial statements. 9.6 City's Right to Inspection. The City, at its discretion, shall have the right to inspect the Franchisee's Gross Annual Revenue reports and records, to audit, and to recompute any fee amounts. Inspections, audits or recomputations may be performed either by the City or an independent firm selected by the City and qualified for such purposes. No audit of the Franchisee's records relating to Gross Annual Revenues shall take place later than thirty- six (36) months following the close of each of the Franchisee's fiscal years. Audits that result in payment of four percent (4%) or more of Franchise Fees during the audit period, shall be at the expense of the Franchisee. Any additional amount due to the City as a result of the audit shall be paid within thirty (30) days of notice by the City, unless the Franchisee disputes the results of the audit. The Franchisee agrees to meet with the City and will attempt in good faith to resolve any differences. Thereafter, the additional amount due shall be subject to payment within thirty (30) days after said additional amount is determined to be due by the Franchisee and the City. The City shall provide the Franchisee with a description of all property annexed into the City at the time of each annexation. Should such annexation information not be provided to the Franchisee and a discrepancy arise in reported Franchise Fees as a result, the Franchisee shall not be found in non-compliance of this Agreement. 9.7 Payments Due in Event of Termination or Expiration. In the event that the Franchisee continues the operation of any part or all of the cable system beyond the termination, revocation or expiration of the Franchise granted herein, it shall continue to pay to the City the Franchise Fee or Communications Services Tax, whichever is applicable, in the manner set forth in this Agreement. This section shall not be construed to authorize the operation of the cable system beyond the termination or revocation of this Franchise. 9.8 Alternative Fee Contingencies. In the event that the Franchisee's obligation to pay a communications services tax is held invalid by a decision of any court of competent jurisdiction or due to the actions of any legislative body, the Franchisee shall pay to the City, pursuant to the Cable Act, a Franchise Fee of five percent (5%) of the Gross Annual Revenues excluding bad debts, taxes and fees collected by the Franchisee. 9.9 Other Fees and Taxes. To the extent that any federal or state law or regulation may now forbid the City from assessing any type of fee or tax, upon repeal, modification, or judicial/administrative interpretation of said law or rule that would permit the City to assess said fee or tax, the City shall have the right to assess said fee or tax to the full extent SIS authorized by law; provided, that the City shall first notify the Franchisee. Upon such occurrence, the parties shall meet and confer within (90) days of notice from the City to, in good faith, negotiate Franchise provisions to implement the collection of said fee or tax. 9.10 Termination. If for any reason whatsoever the Franchise terminates, the Franchisee shall file with the City, within sixty (60) calendar days of such termination or when operations cease, whichever occurs later, a certified financial statement reflecting the gross revenues received by Franchisee since the conclusion of the previous fiscal year. Adjustments to any Franchise Fee owed to the City shall be made upon review of such statement. Franchisee shall be prohibited from conducting any transaction or making such arrangements which have the effect of evading payment of any fee or tax owed to the City under this Agreement. 9.11 Prohibited Transactions. Any transaction or arrangement which has the effect of evasion of payment of Franchise Fees (for example, by non -collection of revenues, non -reporting of revenues, collection of revenues by parents, affiliates or subsidiaries, bartering, or any other means) from the operation of the Franchisee's cable system to provide cable service in the City is strictly prohibited. 9.12 Applicability of Franchise Fee. The Provisions of this section IX related to Franchise Fees shall apply to the extent the City may lawfully impose a Franchise Fee. The provisions of this section IX shall not be in effect so long as Franchisee pays the Communications Services Tax provided in the Communications Services Tax Simplification Law pursuant to Chapter 202, Florida Statues, as such law has been and may hereinafter be amended or renumbered. X. FORFEITURE OR REVOCATION. 10.1 Grounds for Revocation. The City reserves the right to revoke the Franchise granted hereunder and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: (a) If the Franchisee shall default in the performance of any of the material obligations under this Agreement; (b) If the Franchisee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond as required herein; (c) If the Franchisee shall violate material provisions of any orders or rulings of any regulatory body having jurisdiction over the Franchisee relative to this Agreement, and Franchisee fails to begin cure within thirty business (30) days of notice from the City and to complete cure within a reasonable time after notice, as determined by the City; (d) If the Franchisee practices any fraud upon the City or cable subscribers; (e) If the Franchisee is grossly negligent, as defined by general law, in maintaining any of the customer service standards provided in this Franchise; 13 (f) If the Franchisee becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt; (g) If the Franchisee fails to restore service City-wide after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the City or is permitted pursuant to this Agreement, as provided in Section 10.2 of this Agreement or when caused by circumstances outside the control of the Franchisee pursuant to Section 10.2; (h) If the Franchisee makes a material misrepresentation of fact in the application for or negotiation of the Franchise or any extension or renewal thereof on which the City has explicitly relied; and (i) If the Franchisee shall fail to pay the Franchise Fee or the communications services tax in the manner provided in this Agreement. 10.2 Effect of Circumstances Beyond Control of Franchisee. The Franchisee shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case in which performance of any such provision is prevented for reasons beyond the Franchisee's control. For the purposes of this Agreement, causes or events beyond the Franchisee's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. A default shall not be deemed to be beyond the Franchisee's control if committed by a corporation or other business entity in which the Franchisee holds a controlling interest whether held directly or indirectly, when such fault is due to Franchisee's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Franchisee's directors, officers, employees or contractors or agents. 10.3 Procedure Prior to Revocation. The City shall notify the Franchisee in writing of the exact nature of the alleged violation constituting grounds for termination and give the Franchisee thirty (30) calendar days, or such greater amount of time as reasonably required to correct such violations or to present facts and arguments to refute the alleged violation. If after such time the City then concludes that there is a basis for termination, it shall notify the Franchisee thereof. If within the designated time the Franchisee does not remedy and/or put an end to the alleged violation, the City, after a public hearing before the City Council where all interested parties may be heard, may suspend or revoke the Franchise, if it determines that such action is warranted. The Franchisee shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Franchisee's control, as stated in Section 10.2. The Franchisee shall have the right to review by a court of competent jurisdiction upon the City Council's determination of non-compliance. XI. REGULATORY AUTHORITY. 11.1 Authority. Franchisee and City hereby reserve all of their rights under Federal and State Constitutions and laws. Acceptance of the terms and conditions of this franchise will not 14 constitute a waiver by either party of any constitutional or legal right which either party may have, or may be determined to have, either by subsequent legislation or court decisions. 11.2 Right of Inspection of Cable Facilities. The City shall have the right to inspect, in a timely manner and in the accompaniment of a representative of the Franchisee, all Franchisee facilities and equipment or installation work in the public rights of way performed subject to the provisions of this Agreement as it shall find necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law, including the Act. 11.3 City Regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation or decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Franchisee, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the City. The City shall provide advance notification to the Franchisee of its intention to exercise any such regulation and written notification when such ordinance is adopted. However, failure to so provide advance notification to the Franchisee or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. XII. PERFORMANCE BONDING; ALTERNATIVES. 12.1 Performance Bond. The Franchisee shall obtain and maintain during the entire term of any Franchise and any extensions and renewals thereof, at its cost and expense, and file with the City, a corporate surety bond in the amount of thirty thousand dollars ($30,000) to guarantee the faithful performance by the Franchisee of all of its obligations provided under this Agreement and the City Code. Such bond must be issued by a surety. The form and contents of such performance bond shall be reasonably acceptable to the City. The bond shall be released only upon expiration of the Franchise. 12.2 Conditions. The performance bond shall be issued upon the following conditions: (a) The performance bond shall be issued by a surety licensed and authorized by the State of Florida to do business as a surety in the State of Florida. (b) There shall be recoverable by the City, jointly and severally from the principal and surety or the financial institution that has issued the bond, any and all fines and liquidated damages due to the City and any and all damages, losses, costs and expenses suffered or incurred by the City resulting from the failure of the Franchisee to faithfully comply with the provisions of the Franchise (c) The total amount of the bond shall be forfeited as a liquidated damage paid to the City in the event: (1) The Franchisee abandons the cable system; 15 (2) The Franchise is terminated by reason of the default of the Franchisee. 12.3 Redaction of Bond. Upon written application by the Franchisee, the City may, at its sole option, permit the amount of the bond to be reduced for the term of this Agreement or periods of time, when it is determined by the City Council to be in the public interest. Upon written application by the Franchisee, the City may, at its sole option, permit the terms of the requirements of the performance bond to be altered for the term of this Agreement or periods of time, when it is determined by the City Council to be in the public interest. 12.4 Use of Performance Bond. Prior to drawing upon the performance bond for the purposes described in this section, the City shall notify the Franchisee in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make a full and complete payment. If the Franchisee does not make the payment within thirty (30) days or demonstrate a reason acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the performance bond. Within three (3) days of a withdrawal from the performance bond, the City shall send to the Franchisee, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal. 12.5 Replenishment of Performance Bond. No later than thirty (30) days after mailing to the Franchisee by certified mail notification of a withdrawal pursuant to Section 12.4 above, the Franchisee shall replenish the performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the performance bond shall constitute a material breach of this Agreement. 12.6 Non -renewal, Alteration, or Cancellation of Performance Bond. The performance bond required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the City and the Franchisee. The Franchisee shall, in the event of any such cancellation, alteration, or non -renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of a replacement bond or policies within thirty (30) days following receipt by the City or the Franchisee of any notice of cancellation, alteration, or non- renewal. 12.7 Inflation. To offset the effects of inflation, the amount of the bond provided for herein is subject to a reasonable increase at the end of every three (3) year period of the Franchise, applicable to the next three (3) year period, at the sole discretion of the City. 12.8 Provision of Performance Bonds. A performance bond furnished to comply with the provisions of this franchise shall be issued by a company which is licensed to do business in the state and which has received an "A" or better rating provided buy the A.M. Best Company or other recognized rating entity agreed to by the City. 16 12.9 Insurance for Contractor and Subcontractors. The Franchisee, or its subcontractors, shall provide coverage for any contractor or subcontractor involved in the construction, installation, maintenance, removal, or operation of the cable system by either obtaining the necessary endorsements to its insurance policies or requiring such contractor or subcontractor to obtain appropriate insurance coverage consistent with this Franchise and appropriate to the extent of its involvement in the construction, installation, maintenance, removal, or operation of Franchisee's cable system. XIII. LIABILITY AND INSURANCE. 13.1 Certificate of Insurance. Not later than thirty (30) days after the effective date of the Franchise and thereafter continuously throughout the duration of the Franchise and any extensions or renewals thereof, the Franchisee shall furnish to the City a copy of the certificate of insurance for insurance required under this section. Failure to furnish said certificate of insurance in a timely manner shall constitute a material breach of the Franchise Agreement. At the City's request, the Franchisee shall furnish a certificate of insurance which are in effect from time to time. 13.2 No Liability Limit. Neither the provisions of this article or any damages recovered by the City hereunder, shall be construed to limit the liability of the Franchisee for damages under this Franchise. 13.3 Endorsement. All insurance policies maintained pursuant to this Franchise Agreement shall contain an endorsement in substantially the following form: (a) It is hereby understood and agreed that this insurance policy may not be modified or canceled nor the intention not to renew be stated until thirty (30) days after receipt by the City of Cape Canaveral, City Manager, by certified mail, of a written notice of such intention to cancel or not to renew. (b) Each policy shall require that thirty (30) days prior to cancellation of or a material change in the policy a written notice thereof shall be delivered to the City Manager. (c) Insurers shall have no right of subrogation or recovery against the City, it being the intention that the insurance policies shall protect the City and shall be primary coverage for all losses covered by the policies. 13.4 State Institution. All insurance policies pursuant to a Franchise agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. 13.5 Named Insured. The City shall be named as an additional insured for all insurance policies written pursuant to a Franchise. 13.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing Iiability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to 17 reasonable increases at the end of every three (3) year period of the Franchise, applicable to the next three year period, at the City's discretion. 13.7 Commercial General Liability Insurance. The Franchisee shall maintain throughout the term of the Franchise, general liability insurance insuring the Franchisee in the minimum of: (a) $5,000,000 for property damage, single limit; and (b) $5,000,000 single limit liability for personal bodily injury or death to any one person; and Such general liability insurance must include coverage for all of the following: comprehensive form, premises operations, explosion and collapse hazard, underground hazard, products/completed operations hazard, contractual insurance, broad form property damage, and personal injury. 13.8 Automobile Liability Insurance. The Franchisee shall maintain throughout the term of the Franchise, automobile liability insurance for owned, non -owned, or rented vehicles in the minimum amount of: (a) $5,000,000 single limit liability for bodily injury and consequent death per occurrence; and (b) $1,000,000 for property damage per occurrence. 13.9 Worker's Compensation. The Franchisee shall maintain throughout the term of the Franchise, worker's compensation insurance coverage in the minimum amount required by the State of Florida and the employer's liability requirements, whichever is greater, for worker's compensation claims, as amended from time to time. XIV. INDEMNIFICATION. 14.1 Indemnification. Franchisee shall, at is sole cost and expense, indemnify, hold harmless, and defend the City, its officials, boards, commissions, commissioners, city attorneys, agents, and employees, against any and all claims, suits, causes of action, proceedings, judgments for damages or equitable relief, and costs and expenses arising out of the construction, maintenance or operation of its cable system, the conduct of Franchisee's business in the City, or in any way arising out of Franchisee's enjoyment or exercise of the Franchise granted hereunder. Such indemnification shall not extend to any claims caused solely by the misconduct or negligence of the City, its officials, boards, commissioners, agents or employees. This provision includes, but is not limited to, the City's reasonable attorneys' fees incurred in defending against any such claim, suit or proceedings; claims arising out of copyright infringements or a failure by Franchisee to secure consents from the owners, authorized distributors, or providers of programs to be delivered by the cable system; claims arising out of 47 U.S.C. § 558; and claims against Franchisee for invasion of the right of privacy, defamation of any person, firm or corporation, or the violation or infringement of any copyright, trademark, trade name, service mark or patent, or of any other right of any person. Nothing in this section shall prohibit the City from participating in the defense of any litigation by its own counsel where the City is a named party. 18 14.2 Condition. The foregoing indemnity is conditioned upon the City giving the Franchisee prompt notice of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this section. Nothing herein shall be deemed to prevent the City from requesting from the Franchisee permission to cooperate with the Franchisee and participate in the defense of any litigation by its own counsel where the City is not a named party at its own costs and expense. XV. DESIGN AND CONSTRUCTION PROVISIONS. 15.1 Authorization to Commence Construction and Application Procedures. To the extent generally required of other users of the public rights-of-way, prior to the installation or erection of any towers, poles or conduits, other than minor or emergency excavation and maintenance, the Franchisee shall first submit to the City for review a concise description of the facilities proposed to be maintained, erected, removed, or installed, including engineering drawings, if required by the City. No erection or installation of any tower, pole, underground conduit, or fixture, excavation of other than a minor or emergency nature shall be commenced by any person until proper permits have been received from the City. 15.2 City Maps. The City does not guarantee the accuracy of any maps showing the horizontal or vertical location of existing substructures or utilities. 15.3 Construction Bond. (a) Prior to the commencement of any major construction project, Franchisee shall furnish and file with the City a construction bond in the amount of $150,000. For the purposes of this section a major construction project shall mean any construction project within the City whose costs exceed $1,000,000 in any calendar year. The construction bond shall be conditioned upon and insure that Franchisee does not create, and leave uncured, any public safety hazard that would endanger the community. After thirty (30) days of the completion of any major construction project, Franchisee may remove the construction bond and the City shall execute all necessary documents to affect such release. (c) The construction bond shall be subject to the reasonable approval of the City Manager and the City Attorney, and shall provide that: "This bond may not be canceled, or allowed to lapse, until sixty (60) days after receipt by the City, by certified mail, return receipt requested, of a written notice from the issuer of the bond of intent to cancel or not to renew," (d) The rights reserved by the City with respect to any construction bond established pursuant to this section are in addition to all other rights and remedies the City may have under this Agreement or at law or equity, and no action, proceeding or exercise of a right with respect to such bond shall effect any other right or remedy of the City. 15.4 Compliance with Construction and Technical Standards. The Franchisee, through the cable system, shall provide uniform, strong signals which are free from any significant distortion and interference as required by FCC. The cable system shall be designed, constructed, operated and maintained for 24 -hours -a -day continuous operation. The system shall produce, for reception on 19 subscribers' receivers which are in good working order, either monochrome or color pictures (providing the receiver is color capable) which are free from any noticeable interference or distortion which would cause any material degradation of video or audio quality as required by FCC and including any such standards as hereinafter may be amended or adopted by the FCC or other applicable Federal or State law pertaining to digital transmission, High-definition television, or other advanced technologies. To the extent required by FCC, rules and applicable federal and state law, the Franchisee shall perform, as its sole expense, performance testing of the cable system and shall provide such results to the City upon request within 14 business days of the City's requesting the results of such tests. 15.5 Quality of Construction. Construction, installation, reconstruction, operation, and maintenance of the cable system shall be performed in an orderly and workmanlike manner, in accordance with then current technological standards. The Franchisee shall utilize its best efforts to have all cables and wires installed, parallel with electric and telephone lines. Multiple cable configurations shall be arranged in parallel and bundled with due respect for aesthetic and engineering considerations. Nothing herein shall preclude underground installation. 15.6 Use of Public Rights -of -Way. (a) To the extent generally required of other users of the public rights-of-way, any public rights-of-way excavated or otherwise disturbed by the Franchisee shall be done under the supervision and direction of the City under permits issued for work by the City, and shall be done in such a manner as to give the least inconvenience to the citizens of the City. Franchisee shall, at its own cost and expense, and in a manner approved by the City, replace and restore any such rights-of-way to as good a condition as before the work was done, and shall also prepare, maintain and provide to the City full and complete plats, maps and records showing the exact locations of its facilities located within the public - rights -of -way, as many be required under the City's permitting procedures. (b) Except to the extent required by law, the Franchisee shall, at its expense, protect, support, temporarily disconnect, relocate, or remove, any of its property when required by the City by reason of traffic conditions, public safety, street construction, street resurfacing or widening, change of street grade, installation of sewers, drains, water pipes, or any other type of governmental improvement; provided, however, that the Franchisee shall, in any such case have the privilege of abandoning any property in place. (c) Franchisee shall, at the request of any person holding a building permit issued by the City, temporarily raise or lower its wires, cables, etcetera to permit construction or maintenance on private and public property. The expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting same, and the Franchisee shall have the authority to require such payment in advance, except in the case where the requesting person is the City, in which case no such payment shall be required. The Franchisee shall be given not less than seven (7) business days advance notice to arrange for such temporary cable or wire changes. 20 (d) All safety practices required by law shall be followed during construction, maintenance, repair and operation of a cable system. A Franchisee shall not place facilities, equipment or fixtures where they will interfere with any pre-existing gas, electric, telephone, water, sewer or other utility facilities, so as to obstruct or hinder in any manner the various utilities serving the residents of the City or their use of any street or any other public rights-of-way, (e) Franchisee shall, at all times: (1) Install and maintain its wires, cables, fixtures and other equipment in accordance with the requirements of any applicable building code or electrical safety code, and in such manner that they will not interfere with any installations of the City. (2) Keep and maintain in a safe, suitable, substantial condition, and in good order and repair, all structures, lines, cables, equipment, and connections in, over, under, and upon the public -rights-of-way. (f) The City shall encourage, to the extent feasible, that a public utility and the Franchisee cooperate in opening up trenches and making such trenches available to all parties with the understanding that the costs of opening and refilling of such trenches will be shared equitably by all users of such trenches. The Franchisee shall at all times comply with the requirements of the Trench Safety Act codified in Sections 553.60 through 553.64, Florida Statutes. (g) Regarding permits and compatible easements, the following requirements shall apply: (1) It shall be the responsibility of the Franchisee to obtain all necessary written permits and approvals of governmental agencies and easement holders prior to beginning installation. It shall also be its responsibility to determine any conflicts of its proposed installation with the facilities or equipment of other easement holders or beneficiaries. (2) The Franchisee shall join and maintain a continuous membership in Sunshine State One -Call of Florida, Inc. and use its services prior to each installation. (3) The Franchisee shall comply with the provisions of 47 U.S.C. § 541(A). (4) Underground installations in compatible easements shall be in accordance with the National Electrical Safety Code. (5) Upon request from the City, the Franchisee shall make available for review by the City a set of as -built plans of the installation in compatible easements at the Franchisee's office. 15.7 Underground Installation. 21 (a) All installations shall be underground in those areas of the City where public utilities providing telephone and electric service are underground at the time of installation or where City Code requires underground installation. Unless the City Code provides otherwise, in areas where either telephone or electric utility facilities are above ground at the time of installation, the Franchisee may install its cable system above ground; provided, that at such time as those facilities are required to be placed underground by the City or are placed underground, the Franchisee shall likewise place its cable system underground without additional cost to the City so long as the Franchisee is provided with access to the open trenches at the time of excavation. In the event that the City shall lawfully elect to enforce such underground requirements, the Franchisee shall be compensated as other users of the public rights-of-way are compensated for rearranging and/or relocating their facilities. Where not otherwise required to be placed underground by this Franchise, the Franchisee's system shall be located underground at the request of the adjacent property owner, provided that the excess cost over the aerial location shall be borne by the property owner making the request. Any and all cables to be constructed under any paved street or alley, or other public right-of-way shall be accomplished by the jacking of an underground pipe or conduit, including the use of the jack and bore method and directional bore application. And under no circumstances shall cable be constructed under a paved street, alley or other public way by digging or excavating from the surface of the paved street without the approval of the City. All cable passing under the street shall be installed in conduit. (b) Prior to performing any underground construction, the Franchisee shall use its best efforts to locate, in advance, any water, sewage, gas, electric, drainage or other utility (including other cable systems) lines, including compliance with Chapter 556, Florida Statues, to the extent applicable. Where any damages or alterations occur to said utility lines in the public right-of-way as a result of construction, reconstruction, maintenance, or removal of the cable system by the Franchisee, its agents or independent contractors, the cost of such repairs including all services and material will be the responsibility of the Franchisee, providing any information relied upon by the Franchisee as to the location of any underground utility line was accurate. 15.8 Construction Notice. Except with regard to routine maintenance and emergency circumstances, the Franchisee shall give appropriated notice to the City and residents within a reasonable period of time of proposed construction, reconstruction, excavation, laying or stringing of cable under streets or on poles, but in no event shall such notice be given less than five (5) business days before such commencement. 15.9 Interference with Persons, Public and Private Property, and Utilities. The Franchisee's system and facilities, including poles, lines, equipment and all appurtenances, shall be located, erected and maintained so that such facilities shall: (a) Not endanger or interfere with the health, safety or lives of persons; 22 (b) Not interfere with any improvements which the City, county or state may deem proper to make; (c) Not interfere with the free and proper use of public rights-of-way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual construction or repair; (d) Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual construction or repairs; and (e) Not obstruct, hinder or interfere with any existing gas, electric, water, wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located within the City. 15.10 Restoration to Prior Condition. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Franchisee shall, at its own cost and expense, replace and restore all paving, sidewalk, driveway, landscaping, or surface of any street or alley disturbed, in as good a condition as before said work was commenced and in a good workmanlike, timely manner in accordance with standards for such work set by the City or the governmental entity having operational and maintenance responsibility for the public right-of-way. Unless otherwise approved by the City Manager, such restoration shall be undertaken within no more than ten (10) business days after the damage is incurred and shall be completed as soon as possible thereafter. 15.11 Private Property. The Franchisee shall promptly repair or replace all private property, both real and personal, damaged or destroyed, as a result of the construction, installation, operating or maintenance of the cable system at its sole cost and expense. 15.12 Tree Trimming. The Franchisee may trim trees or other vegetation to prevent branches, leaves or roots from touching or otherwise interfering with its wires, cables, or other structures as follows: (a) Except for emergencies, all tree/root trimming or pruning to be conducted on public property or public rights-of-way shall be done only in accordance with City policies; (b) All trimming or pruning shall be at the expense of the Franchisee and shall be performed in accordance with applicable City Codes; (c) Any and all persons engaged by the Franchisee to provide tree trimming or pruning services shall be deemed, for purposes of the Franchise, an employee or agent of Franchisee when engaged in such activity, and in no event shall such person be deemed to be an employee of the City; and (d) The Franchisee shall use its best efforts to obtain the prior permission of the owner of any privately owned trees or other vegetation before it prunes or trims same. 23 15.13 Erection, Removal, and Common Use of Poles. No poles shall be erected by the Franchisee without prior approval of the City with regard to location, height, type and any other pertinent aspect and in accordance with City Code. Such approval shall not be unreasonably withheld. However, no location of any pole of the Franchisee shall be vested right, and such poles shall be removed, relocated or modified by the Franchisee at its own expense whenever the City determines that the public safety and convenience would be enhanced thereby. The City may also require that such poles shall be removed, relocated or modified by the Franchisee at the City's expense for other reasons. In the event that a pole owned by other than the Franchisee is to be moved either at the request or direction of the City and Franchisee is making use of said pole, the Franchisee shall remove, relocate or modify its lines, wires, appurtenance, and equipment attached to said pole at Franchisee's expense at the request of the City and be compensated as others users of the rights-of-way are compensated for moving their facilities. The City shall have the right, during the term of the Franchise, to install and maintain on reasonable terms and conditions upon the poles owned by the Franchisee, any wire and pole fixtures that do not unreasonably interfere with the cable system operations of the Franchisee. 15.15 Cumulative Leakage Index ("CLI") Monitoring. The Franchisee shall comply with FCC requirements with regard to CLI monitoring on an on-going basis. The results of said monitoring shall be made available to the City upon written request. 15.16 Cable System Upgrade. Franchisee shall keep the City advised of future upgrades to the cable system. To the extent technically and economically feasible, the Franchisee shall implement new technologies when made available and deemed commercially reasonable to fully satisfy its obligations and duties under this Agreement. XVI. SERVICE TO SUBSCRIBERS. 16.1 Franchisee shall use its best efforts to ensure the consistent provision of quality cable services to all subscribers serviced by the Franchise. 16.2 Programming. (a) Inform Subscribers. To the extent required by applicable law and regulations, the Franchisee shall inform subscribers, via written notice of proposed programming changes at least thirty (30) days in advance of said change. (b) Subscriber Electronic Equipment. The Franchisee shall abide by all FCC regulations pertaining to providing a cable system compatible with subscriber equipment. (c) Emergency Override. The Franchisee shall comply with FCC EAS requirements. (d) Government Access. Government access programming is provided by Brevard County through Space Coast Government Television (SCGTV) 16.3 Minimum Facilities and Services. 24 (a) Franchisee's cable system shall have a minimum capacity of not less than fifty (50) video channels available. (b) Franchisee shall provide SCGTV consistent with this Agreement. (c) Franchisee shall provide leased access channels as required by federal law. (d) Franchisee shall, within thirty (30) days of written request by the City, provide one outlet of basic and CPST cable television service at no cost and without installation or monthly service charge to the following facilities within the City when its lines have been extended to within one hundred twenty five (125) feet of the named facilities: all public schools (excluding home schools), City police departments, City fire departments, public works administration building and other buildings owned and occupied by the City and used by the City for municipal purposes. The Franchisee shall charge no more than its time and material costs for providing any additional service outlets to such facilities. (e) To the extent required by federal law, Franchisee shall make available to its subscribers equipment capable of decoding closed circuit captioning information for the hearing impaired. The Franchisee may impose a reasonable charge for such equipment. 16.4 Privacy and Billing. (a) Subscriber privacy. The Franchisee shall at all times protect subscriber information to the full extent required under Title 47 U.S.C. § 551 and other applicable federal and state laws. (b) Negative Option Billing. Negative option billing, as prohibited by federal law, is prohibited under this Agreement. 16.5 Consumer Services, The Franchisee shall abide by the Federal customer service standards set out in FCC Section 76.309, as amended from time to time. (a) Business Office. The Franchisee shall establish, operate and maintain a business office within Brevard County. The purpose of the facility will be to: receive inquiries, requests and complaints concerning all aspects of the cable system; and receive payment of subscribers' service charges. Business office hours will be those hours during which most similar businesses in the community are open to serve customers, including some evening hours at least one night per week and/or some weekend hours. Under normal operating conditions, the business office shall maintain a staff adequate to process complaints, requests for installation, service or repairs, and other business in a timely and efficient manner. "Normal operating conditions," as that term is used in this section, includes all conditions except times of natural disasters, power outages, civil disturbances, telephone network outages, severe or unusual weather conditions, and includes, but is not limited to, other similar types of circumstances beyond the control of the Franchisee. (b) Telephone Service. The Franchisee shall have a listed toll-free telephone number for service calls available twenty-four (24) hours a day, seven (7) days a week and for consumer information, complaints, and installation/disconnection of service available during regular business office hours. Said telephone number(s) shall be made available to 25 the general public by the telephone information operator by publishing it in the local telephone directory and by prominently printing it on every subscriber's monthly cable bill. The Franchisee shall provide a telephone number to the City and utility companies to enable the City or utility companies to reach the Franchisee in case of emergency on a twenty-four (24) hours a day, seven (7) days a week basis. The number shall be a telephone number where City or utility company officials will be able to reach an appropriate Franchisee official as quickly as possible. Telephones will be answered within thirty (30) seconds and transitions of calls from one person to another person shall be made within thirty (30) seconds, ninety percent (90%) of the time under normal operating conditions, measured on a quarterly basis. The caller shall receive a busy signal less than three percent (3%) of the time. Under normal operating conditions, the Franchisee shall begin working on service interruptions promptly and in no event later than 24 hours after the interruption becomes known. The Franchisee shall begin actions to correct other service problems the next business day after notification of the service problem. A technician may cancel an appointment with a subscriber after the close of business on the business day prior to the scheduled appointment, but only if the Franchisee's technician first contacts the subscriber to notify them of the cancelled appointment. The appointment will be rescheduled at the convenience of the subscriber If the installer is running late and will not be able to keep the service appointment as scheduled, the subscriber will be contacted, and the appointment will be rescheduled, at the subscriber's convenience. 16.6 Disconnection and Downgrades. (a) Upon notice to Franchisee, a subscriber may terminate any cable service at any time (b) When receiving a request to terminate, Franchisee shall promptly disconnect from the Franchisee's cable system or downgrade the service as requested. Charges for any voluntary disconnection, and any downgrade charges shall be in conformance with applicable law. Franchisee shall not impose any charge for service delivered after the requested date of disconnection or downgrade, provided the request is made at least twenty four (24) hours prior to the requested date of disconnection or downgrade. As provided for under federal law, subscribers may request a downgrade at no charge if made within thirty (30) days of a rate increase. (c) Any security deposit or other funds due a subscriber that disconnects or downgrades service shall be returned to the subscriber no later than either the next billing cycle, or thirty (30) days, whichever is earlier from the date disconnection or downgrade was requested, except where the subscriber does not permit the Franchisee to recover its equipment, in which case the amounts owed shall be paid to subscriber no later than thirty (30) days or the next billing cycle after the date the equipment was recovered by Franchisee, whichever is earlier. (d) Franchisee may not disconnect a subscriber's cable service for non-payment unless: (1) The subscriber is delinquent in payment for cable service; and 26 (2) A separate, written notice of impending disconnection, postage pre -paid, has been provided to the subscriber at the subscriber's billing address, at least twenty (20) days prior to the designated date on which service is to be disconnected. The amount subscriber must pay to avoid disconnection shall be stated on the notice; and (3) The notice of delinquency and impending termination may be part of a billing statement, provided that said notice is conspicuously stated; and (4) The subscriber has failed to pay, after notice, the amounts owed to avoid disconnection by the date of disconnection and no pending inquiry exists regarding the bill, (e) Franchisee may immediately disconnect a subscriber if: (1) The subscriber has damaged or destroyed or unlawfully tampered with the Franchisee's cable system; (2) The subscriber is not authorized to receive cable service, or is facilitating or aiding or abetting the unauthorized receipt of cable service by others; or (3) Subscriber -installed or attached equipment is resulting in signal leakage in violation of FCC rules, provided the subscriber has failed to correct immediately upon notice from Franchisee. (f) After disconnection, the Franchisee shall restore cable service after the subscriber provides adequate assurance that it has ceased the practices that led to disconnection, and has paid all fees and charges, including any reconnect fees and all amounts owed the Franchisee for services unlawfully received and for damage to its cable system or equipment. 16.7 Service Outages and Rebates. (a) Major Outages. The Franchisee will begin working on a "major outage" promptly no later than twenty-four (24) hours after the interruption becomes known. A "major outage" is defined as total disruption of service to a majority of subscribers within the corporate boundaries of the City. (b) Other Outages. The Franchisee must begin actions to correct "other outages," not considered a "major outage", the next business day after receiving actual or constructive notification of the outage. The repair of such outages shall take into consideration the safety and security precautions for all cable systems personnel. "Other outages" shall include, as a minimum, total disruption of service to at least three (3) subscribers. (c) Credits. At the request of the subscriber, subscribers shall receive a credit for any outage which constitutes a total disruption of service, providing said outage is caused by the actions or inactions of the Franchisee. At the request of the subscriber, subscriber shall receive a credit for "major outages". In order to receive the credit for outages that are not 27 "major outages," the subscriber must notify the Franchisee within seven (7) days from the final day of the outage and request a credit. 16.8 Complaint Records. The Franchisee shall keep full and complete records in connection with all written complaints in connection with the cable system. Such records shall identify the person contacting the Franchisee, and the person responding on behalf of the Franchisee, the subject matter of the contact, the date and time it was received, the resolution of the matter in question or the action taken by the Franchisee in connection with the contact, and the date and time thereof, and such other information as may be deemed pertinent by the Franchisee. These written records shall be made available to the City within ten (10) business days of the City's request subject to applicable privacy laws. A summary of written complaints shall be prepared by the Franchisee and submitted to the City annually, upon request. The summary shall be in a format acceptable to the City. 16.9 Subscriber Solicitation. Door to door solicitation will be in compliance with applicable City ordinances. 16.10 Installation and Connection. (a) Stranding. (1) Franchisee shall be required to extend its distribution facilities and provide service throughout the entire Franchise area to any residential subscribers whenever there exists a minimum density of twenty (20) dwelling units for each strand -mile of cable extension required or portion thereof where the ratio of twenty (20) dwelling units per strand -mile is maintained. For purposes of this section, density per strand -mile shall be computed by dividing the number of residential dwelling units in the area by the length, in miles or fractions thereof, of the total amount of aerial or underground cable necessary to make service available to the residential dwelling units in such area in accordance with Franchisee's system design parameters. The cable length shall be measured from the nearest point of access to the then -existing cable system, provided that extension is technically feasible from that point of access, and located within the public rights-of-way. The total cable length shall exclude the drop cable necessary to serve individual subscriber premises. (2) The Franchisee shall not be responsible for providing service in this area or meeting the density requirements herein if: (i} The Franchisee is precluded by the property owner, instrument of record or contact from providing cable services or construction and installation of facilities and equipment; (ii) Another cable operator is providing such service; or (iii) A SMATV operator is providing cable service to the area. 28 (3) Nothing herein shall preclude the Franchisee from charging for the construction or installation of facilities and equipment to provide service to subscribers requesting such where the strand -mile density is less than that required in this Agreement. (b) Service obligations. Within seven (7) days of a request for service by any person or entity, the Franchisee shall furnish the requested service to such person or entity if a standard installation is within one hundred twenty five (125) feet from the prospective subscriber's residence. If not within one hundred twenty five (125) feet, service shall be provided within thirty (30) days of a request for service, except where permitting takes longer periods of time. A non-standard installation is an installation over one hundred twenty five (125) feet, and in such cases the provision of service will be handled under a share cost program between the Franchisee and the subscriber. (c) Standard Installations. The standard installation shall consist of service not exceeding one hundred twenty five (125) feet from a single point or pedestal attachment to the subscriber's residence. The desire of the subscriber as to the point of entry into the residence or commercial establishment and location of pedestal, if on the subscriber's property, shall be observed whenever possible. Runs in building interiors shall be as unobtrusive as possible. The Franchisee shall use due care in the process of installation and shall repair any damage to the subscriber's property caused by said installation. Such restoration shall be undertaken within no more than ten (10) days after the damage is incurred and shall be completed as soon as possible thereafter. 16.11 Quality of Service. The Franchisee expressly undertakes and agrees that it will at all times during the term of the Franchise transmit signals of strength and quality, and use such material and components in accordance with FCC technical standards. 16.12 Signal Theft. The Franchisee shall, at all times, take reasonable measures to detect and prohibit cable signal theft within the City. XVII. REPORTS AND RECORDS. 17.1 Annual Reports. Upon request and within forty-five (45) days after the expiration of the fiscal year, the Franchisee shall provide the City an annual report which includes the following information: (a) A summary of the previous year's activities in development of the cable system that includes services initiated or discontinued, number of basic subscribers in the City and miles of cable distribution plant in service. The summary shall also include any construction, including system upgrades, during the year as well as rate and charge increases and/or decreases for the previous fiscal year. (b) A copy of updated maps showing areas served. Such materials shall be marked "proprietary and confidential" and shall be kept confidential to the extent permitted by law. 29 (c) A summary of the number, type and duration of outages, the reason for the outage, and the number of subscribers affected if affecting 500 or more subscribers in the City. 17.2 Required Documentation. Upon request of the City, a Franchisee shall provide, on an annual basis, one or more of the following documents to the City as received or filed, without regard to whether the documents are filed by Franchisee or an affiliate, and only if Franchise Fees are paid directly to the City by the Franchisee: (a) If Franchisee is a corporation, a list of officers and members of the board of directors; the officers and members of the board of directors of any parent corporation; if Franchisee or its parent corporation's stock or ownership interests are publicly traded, a copy of its most recent annual report; and a list of all persons holding five percent (5%) or more ownership or otherwise cognizable interest in Franchisee pursuant to 47 C.F.R. 76.501. (b) A copy of Franchisee's rules and regulations applicable to its subscribers. (c) A full schedule and description of services, service hours and location of Franchisee's customer service office(s) available to subscribers, and a schedule of all rates, fees and charges for all services provided over the cable system. (d) Any and all notices of deficiency, forfeiture or documents instituting any investigation, civil or criminal proceeding issued by any state or federal agency regarding the cable system, provided however, that any such notice or documents need be provided only to the extent the same may directly or indirectly affect or bear on Franchisee's operations in the City. (e) Any request for protection under bankruptcy laws or any judgment related to a declaration of bankruptcy. 17.3 Inspect Records. Access to the aforementioned records shall not be denied by the Franchisee on the basis that said records contain "proprietary" information, unless applicable law exempts said records. Any proprietary confidential business information obtained by the City from Franchisee shall be considered confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Article I of the State of Florida Constitution as provided under the Communications Services Tax Simplification Law, Chapter 202, Florida Statutes. 17.4 Public Records. Upon written request by Franchisee and subject to applicable law, including Chapter 119 of the Florida Statutes, information of a proprietary nature submitted by Franchisee to the City pursuant to this Franchise shall not be made available for public inspection. XVIII. RATES. The City reserves the right to regulate rates pursuant to the Federal Cable Act. XIX. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED. 30 All services rendered and all rules and regulations adopted by Franchisee shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity in accordance with federal and state law. XX. ENFORCEMENT. 20.1. Relief. In addition to any other rights or remedies available at law or equity or provided under this Agreement, the City may seek legal or equitable relief from any court of competent jurisdiction to enforce the provisions of this Agreement. 20.2 Waiver. Failure of the City to enforce any requirements of this Agreement or any City Code regulating cable systems operations shall not constitute a waiver of the City's right to subsequently correct or enforce such requirements, terms or conditions. XXI. MISCELLANEOUS PROVISIONS. 21.1 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal- agent relationship between the parties, and neither party is authorized to, nor shall either party act toward, third persons or the public in any manner which would indicate any such relationship with the other. 21.2 Entire Agreement. This Agreement and all existing City Code provisions regulating cable system operations are incorporated herein by reference, represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersede all prior oral negotiations between the parties. This Agreement may be amended, supplemented, modified, or changed only by an agreement in writing and signed by both parties and, if required by law, adoption of an ordinance by the City. 21.3 Provisions Cumulative. The rights and remedies reserved to the City by this Franchise are cumulative and shall be in addition to and not in derogation of any other rights or remedies which the City may have with respect to the subject matter of this Franchise subject to applicable law, and a waiver thereof at any time shall have no effect on the enforcement of such rights or remedies at a future time. 21.4 Notices. All notices from the Franchisee to the City pursuant to this Agreement shall be sent to: City Manager, City of Cape Canaveral, 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida 32920. All notices to the Franchisee shall be sent to: Vice President, Government Affairs, Bright House Networks, whose address is 2251 Lucien Way, Maitland, FL 32751. The names and addresses in this section may be unilaterally amended by either party at any time by giving written notice to the other party. 21.5 Captions. Captions to sections throughout this Franchise are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 31 21.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement. 21.7 Governing LawNenue. Except as to matters which are governed by Federal Law or regulation, this Franchise shall be governed by and construed in accordance with the laws of the State of Florida, applicable City Codes, and this Agreement. If any part, section, subsection or other portion of this Agreement conflicts or subsequently comes into conflict with any federal or state law, the prevailing law shall control and apply. The parties hereto agree that the state or federal courts located in the State of Florida shall have the exclusive jurisdiction over the parties and the subject matter of any litigation between the parties arising hereunder. For the purpose of state court action, venue shall lie within Brevard County, Florida, and for the purpose of federal court action, venue shall lie within the Orlando Division of the Middle District of Florida. 21.8 Attorneys' Fees. In the event of any litigation or dispute arising out of this Franchise, each party shall bear their own attorneys' fees and costs incurred in such action. 21.9 Renegotiation Clause. In the event of a material change in federal or state law(s) or Federal Communications Commission rules, the City and the Franchisee mutually agree to renegotiate those particular terms of this Franchise affected by changes in said law(s) or rule(s). This Franchise shall remain in full force and effect until any negotiated amendments have been duly approved by both the City and Franchisee. However, should any change to federal or state law occurring during the term of this Franchise have the lawful effect of materially altering the regime of cable franchising, then Franchisee shall have the option of terminating this Franchise in order to opt -in to such new regime. 21.10 Police Power; Reservation of Rights. Franchisee shall at all times be subject to and shall comply with all applicable federal, state and all generally applicable local laws. Franchisee shall at all times be subject to all lawful exercise of the police power of the City to adopt and enforce generally applicable ordinances, resolutions, rules, regulations, written policies and practices necessary to the convenience, health, safety and welfare of the public, and shall comply with all applicable ordinances, resolutions, rules, regulations, written policies and practices by the City pursuant to such power. The City shall have all power conferred on a cable franchising authority not otherwise preempted by federal or state law. Subject to applicable law, the failure of the City, upon one or more occasions, to exercise a right or to require compliance or performance under this Agreement shall not be deemed to constitute a waiver of such right or a waiver of requiring compliance or performance. 21.11 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statues, or other limitations imposed regarding the City's potential liability under state or federal law. 32 21.12 No Third Party Beneficiary. This Agreement is solely for the benefit of, and shall be binding upon, the parties hereto and their respective successors in interest. No right or cause of action shall accrue upon, or by reason hereof, to or for the benefit of any person not a party to this Agreement or a successor in interest. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first about written. Signed, sealed, and delivered CITY: In the presence of: CITY OF CAPE CANAVERAL, FLORIDA a Florida municipal corporation Sign: Print Name: Address: Sign: Print Name: Address: ATTEST: Susan Stills, City Clerk Approved as to legal form and sufficiency for The City of Cape Canaveral Only: Anthony A. Garganese, City Attorney STATE OF FLORIDA COUNTY OF BREVARD 33 By: Rocky Randels, Mayor Address: 105 Polk Ave. P.O.Box 326 Cape Canaveral, FL 32920 The foregoing instrument was acknowledged before me this day of ,2006, by , as of the City of Cape Canaveral, Florida, a Florida municipal corporation, on behalf of the aforesaid corporation. He is personally known to me or has produced as identification. Sign: Print Name: Address: Sign: Print Name: STATE OF COUNTY OF Notary Public State of Florida at Large My commission expires: Print Name: FRANCHISEE: BRIGHT HOUSE NETWORKS, LLC, By: J. Christian Fenger, President Address: The foregoing instrument was acknowledged before me this day of ,2006. He is personally known to me or has produced as identification. Notary Public State of Florida at Large My commission expires: Print Name: 34 View Legal Ad# 783246 AD#783246-108,2006 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 16-2006 and Ordinance No. 17-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M., on Tuesday, October 17, 2006. The ordinances may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO, 16-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CABLE FRANCHISE AGREEMENT WITH BRIGHT HOUSE NETWORKS, LLC, A DELAWARE LIMITED LIABILITY COMPANY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. ORDINANCE NO. 17-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; PROVIDING FOR THE REPEAL OF PRIOR AND INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, 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 arty matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, Mich 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. Susan Stills, CMC City Clerk AD*- 783246 Publication; Florida Today First Published: 10-07-2006 Page 1 of i http://www.flatoday,net/legals/display.htm?CMD=DISPLAY&Id-24060 10/9/2006 Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Ordinances -2nd Reading [tem 14 No. allow the continuation of a nonconforming use or structure. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 17-2006, AMENDING CHAPTER 110, RELATING TO THE REGULATION OF NONCONFORMNG USES AND STRUCTURES DEPT/DIVISION: GROWTH MANAGEMENTIP&Z Requested Action: City Council consider Ordinance No. 17-2006, amending Chapter 110, relating to the regulation of nonconforming uses and structures as recommended by the Planning & Zoning Board. Summary Explanation & Background: The proposed ordinance is a result of a joint code review workshop with the Planning & Zoning Board. Please take note of Section 110 -200 -Special Building Permit. This is an innovative way for City Council to allow the continuation of a nonconforming use or structure. Also, the provision for residential dwelling units. I recommend approval. Exhibits Attached: P&Z memo dated 09-15-06; Ordinance No. 17-2006 City Manager's O Department GROWTH MGMT/P&Z cape-nt\kim\mydocuments\admin\council\meeting\2006\1U-11-U6\11-2UU6.cioc CAPE CANAVERAL Re September 15, 2006 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Recommendation to City Council Proposed Ordinance for Nonconforming Uses and Structures At the Planning & Zoning Board meeting, held on September 13, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance, with the amendment that the wording "special permit" be changed to "special building permit". Please schedule this item for an upcoming City Council meeting. 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 A e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral September 15, 2006 Bennett Boucher, City Manager Susan Stills, City Clerk Bea McNeely, Chairperson, Planning & Zoning Board Recommendation to City Council Proposed Ordinance for Nonconforming Uses and Structures At the Planning & Zoning Board meeting, held on September 13, 2006, by unanimous vote, the Board recommended approval of the above referenced proposed ordinance, with the amendment that the wording "special permit" be changed to "special building permit". Please schedule this item for an upcoming City Council meeting. 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 A e-mail: ccapecanaveral@cfl.rr.com ORDINANCE NO. 17-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATING TO THE REGULATION OF NONCONFORMING USES AND STRUCTURES; PROVIDING FOR INTENT; PROVIDING FOR CONTINUANCE AND REGULATION OF LAWFUL NONCONFORMITIES UNDER THE REQUIREMENTS SET FORTH HEREIN; PROVIDING FOR THE ISSUANCE OF SPECIAL PERMITS BY THE CITY COUNCIL FOR THE CONTINUANCE OF SOME NONCONFORMITIES THAT WOULD OTHERWISE BE TERMINATED WHEN CIRCUMSTANCES DEMONSTRATE THAT THE OVERALL COMMUNITY AND PUBLIC POLICY OBJECTIVES OF THE CITY WILL BE PROMOTED AND ENHANCED; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council and Planning and Zoning Board, as part of a comprehensive review of the City's Code of Ordinances, has reviewed Chapter 110, Article V, regarding nonconformities, and determined on March 7 and 21, 2006, that revisions are required to clarify this article; and WHEREAS, the City recognizes the interests of property owners in the continuation of otherwise lawful uses and structures prior to the adoption of the City Code or lawfully permitted under the City Code, but which would be prohibited, regulated or restricted under the terms of the current City Code or subsequent amendments thereto; and WHEREAS, the City desires a clear, concise and uniform regulation regarding the continuation of lawful nonconforming uses and structures unless otherwise more specifically regulated under the City Code; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. 17-2406 Page 1 of 15 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110 of the Code of Ordinances, City ofCape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and attiCeottt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING 4 �r ARTICLE V. NONCONFORMITIES Sec. 110-191. Intent• rules of interpretation; building and fire codes,• definitions. (a) Intent. This article is intended to Kermit the continuation of those lots, structures_ uses, characteristics of use, or combinations thereof, which were lawful before the passage of the Cijy Code or which at one time had been lawfully permitted under the Cijy Code but which would be prohibited, regulated or restricted under the terms of the current Cily Code or future amendments thereto. This article is desigged to Vjpvide standards and guidelineq for the control and management of nonconforming uses and non-comRwng buildings and structures es eciall in regulating changes in the use of land or in the buildin s or structures including uali volume or intensity, location ownership or tenancy, accessojy and incidental uses extension enlargement, rgplacernent, or gny other change in characteristic. It is the intent of this article to permit these nonconformities and non-com liances to continue until tha are removed through discontinuance abandoDMent or amortization but not to encourage their continuation unless otherwise authorized under this article either expressly or by §Retial permit. Such nonconforming uses and structures are declared by this article to be incocn atible with Rermitted uses in the zoning districts involved unless the i Council issues a gRecial Rermit based Mn evidence that gpecial circumstances exist in accordance with the standards set forth in this article. It is further the intent of this article that nonconforminiz uses and structures shall not be enlarged won, expanded, increased or extended nor be used as Uounds for adding other structures or uses prohibited elsewhere in the same zoning district unless otherwise provided by special permit under this article. Within the districts established by thia CI!Rpt%.i Of StibSCquent witendinents there exist lots; lAmuli-1tilk.llnAl+S•n�..n�nunn•nn-1l�l�t�A'��Il.�lllS-Jll�a�lnn=n! n_e/A�M 11111ir..NINE 40 L 7IM City of Cape Canaveral Ordinance No. 17-2006 Page 2 of 15 I • I MUSIM ORIMOJ 114 111 -L■ • ftMOLUIr. • r .■ • • • .� • . .� •0101 LiAlliffi"Ip ps— f • r s s .�r Is toil twimil•j BIG I to tsm% . mmuslision n. • .+. ■ wwt Lnq n It.,Vm r F. m-1 I I k -d I I GG*J a • �� • a fn • .�•■i ■ ■ ■ VVI ■ a ■ .� ■ ■ ■ n • ■ ■ ■ r a (b) Rules for interpretation. Nothing in this article shall be interpreted as authorization for or approval of the continuation of any illeeal use of a building. structure_gr land or illegal structure or building that was in violation of my ordinance in effect at the time of the assa a of this article or any amendments thereto. The casual intermittent tempoM or illegal use of land building or structure or construction of an unlawful structure shall not be a basis to establish the existence of a nonconforming use or structure. A lawful building permit issued for any building or structure prior to the enactment of this article, the construction of which is in conformity with approved site plans, if applicalble. and building plans shall be deemed nonconforming under this article if the building or r structure is built in full compliance with the City Code as it existed at the time of the issuance of the building permit. In the event there is a conflict with the Rrovisions of this article and a Weific amortization provision Leguiring the removal or modification of a nonconforming structure or discontinuance of a nonconforming use of land the provision which Leguires the nonconformity to come into coMplianeewith the currcnt_City Code the earliest shall apply. Any building wideb is inde nonconfo ming by virtue of t1fis chapter shail be allowed to - -, repiaced, if it is desftoycd, to the smne stmidwds that it was pria, to the adoptiM, of this chapter (Septanber 6, 1983). This shall aiso include those pi0jects whAch we yet to , ipleted, but fax wifich appfication fat sitc p1m approval has been made pfio, to adoption zoning ordinm=c. (c) Building and fire codes. No provision contained in this article. or elsewhere in the Qjy Code shall nullify,void abrogate or su ercede any requirement contained in a buildin or fire code that is duly enacted bylaw. All nonconforming lots of, ecoid as of September 6, i 98 3, shah be aHowed to be used in consh t2effiq st, tictums that have bcen destroyed. The I ebuilt structure will be,, ebuilt as clow mo p. acticable to the orighm! building, arid shall m (d) De Ynitions. As used in this article the following words shall have the meanin ascribed unless the context clearly indicates otherwise: Destroyed or destruction shall mean damage by my means exce t b vandalism or other criminal or tortious act by someone other than the propggy owner, such that the cost to repair or reconstruct the structure exceeds fift percent 50% of the fair market value of the structure at the time of destruction as established by the Brevard County Proerty Appraiser or by a licensed =raiser. whichever is greater. City of Cape Canaveral Ordinance No. 17-2006 Page 3 of 15 M Dwelling unit shall mean a residential living unit which serves as a rson's domicile and said person has registered the unit with the Brevard Counjy tax collector as homestead property. Lot of record shall mean a lot which is part of a subdivision_ recorded in the official record books of Brevard County Florida, or a parcel of land described by metes and bounds legal description. the description of which has been recorded in the official record books of Brevard County Florida, and complies with the subdivision of land regulations of the Ci!y. u Nonconforming or Nonconformity shall mean any lot, structure, use of land or structure, or characteristic of any use or structure which was lawful at the time of subdivision, construction, or commencement, as the case mU be, which over time no longer complies with the City Code or other applicable law due to a subsequent change of the City Code or other law. This chapter shall nat be consti tied to allow for the extension or enhugernent of a nonconfonning lot Ur building btrt is rnereiy intended tv- a-'LIV--V-V- t1he tebrilding of structures ftfteL the result ofa catastrophe in a LU Structural materials shall mean an art material or assembix of a buildin or structure which affects the safe1y of such building or structure and/or which supports my dead or designed live load and the removal of which part. material or assembly could cause or be expected to cause all or any portion to colla se or fail. Sec. 110-192. Mobile home parks and single-family mobile home districts. (a) Mobile home parks and single-family mobile home districts in existence on October 28, 1975, shall be permitted, provided the number of spaces shall not exceed those licensed or previously platted to such mobile home parks or districts on that date and provided further that such mobile home parks shall not exceed the limits of property also on that date under unity of title and shall be in accordance with state law. (b) Removal and installation of a mobile home unit shall be done only after a permit is issued for this purpose by the building official. Sec. 110-193. Continuance of Nonconforming structures. The lawful use of a nonconforming structure may be continued subject to the following provisions_ Caj No such structure may be enlarged or altered in a way which increases its nonconformit Any structure or portion thereof ma be altered to decrease its nonconformity-, City of Cape Canaveral Ordinance No. 17-2005 Page 4 of 15 � Should such structure be destroyed, it shall not be repaired or reconstructed exc_ent in conformity with the provisions of the Cijy Code,• and U Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform_ to the regulations of the zoning district in which it is located after it is moved. 11 .1 . , . .1 . . 11 -4-vww on . . . . . . • .. ■ . -I ke M I Ill01-AO . / . . • ■ rl . . . .1 . . . . . /I • • LOA I I I I I &AP1111,911 L WIF-1 r r I 11 1.-111111 ■ • a I tTJ• • ■ 1. ■ L-2 I ■ II I I I • ■ ■ • ■ ■ .1 , OIN111■ . • • .1 7 ■ no, Sec. 110-194. Continuance of Nonconforming uses of land. A nonconforming use lawfully existing at the time of the enactment of the Cit ode or an subsequent amendment thereto may be continued subject to the following provisions: (aj No such nonconforming use shall be enlarged or increased, nor extended to occup a Beater area of land than was occupied at the adoption ¢r subsequent amendment ofthe CitX Code, unless such use is changed to a use permitted in the district in which such use is City of Cape Canaveral Ordinance No. 17-2006 Page 5 of 15 no, ■ ■ • ■ / . • 1 ■ • • • ■ �■ ■ • . • • •• OP 11 ■ ■ • . . • • .POPGFI I • • r L. ■ • ■ . ■ ■ ■ ■ • I mwg.�_.-j ]!i!i■ii!!l Sec. 110-194. Continuance of Nonconforming uses of land. A nonconforming use lawfully existing at the time of the enactment of the Cit ode or an subsequent amendment thereto may be continued subject to the following provisions: (aj No such nonconforming use shall be enlarged or increased, nor extended to occup a Beater area of land than was occupied at the adoption ¢r subsequent amendment ofthe CitX Code, unless such use is changed to a use permitted in the district in which such use is City of Cape Canaveral Ordinance No. 17-2006 Page 5 of 15 located, bb) No such nonconforming use shall be moved in whole or in part to any other portio of the lot or parcel occupied by such use at the adoption or subsgquent amendment of the City Code; (cj No additional structures which do not conform to the requirements of the City Cod shall be erected in connection with such nonconforming use _of land. Sec. 110-195. Nonconforming uses of structures or of structures and premises in combination, change of use. If a lawful use involving individual structures, or of structures and -premises in combination, exists at the adoption or subsequent amendment of the City Codc, that would not be allowed in the zoning district under the terms of the City Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: Ua,� No existing structure devoted to a use not Rermitted by the City Code in the district in which it is located shall be enlarged:_ extended. constructed. reconstructed. moved or structurally_ altered, excgRt_in• changing the use of the structure to a use permitted in the district in which it is located; City of Cape Canaveral Ordinance No. 17-2006 Page 6 of 15 111111 1. 1 11 11111 hi 1111 ■ ■ . . .I . .. • • • • ■ ■ : ■ s r • ■ i •r i • • ■Due ■ • ■ • ■ •h ■ ■ ■ • ■J1141L ■ ■ ' • • • VI .1 • .1 • .1 .w • ■ ■ • ■ 0 1 Vt!j■ I I.A •. • ■ ■ ••• ■ • • • ■ ■ ' • • r • . .1 • ■ • ■ ■ • ■ ■ ■ r ■ ■ H • • ■ ■ Sec. 110-195. Nonconforming uses of structures or of structures and premises in combination, change of use. If a lawful use involving individual structures, or of structures and -premises in combination, exists at the adoption or subsequent amendment of the City Codc, that would not be allowed in the zoning district under the terms of the City Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: Ua,� No existing structure devoted to a use not Rermitted by the City Code in the district in which it is located shall be enlarged:_ extended. constructed. reconstructed. moved or structurally_ altered, excgRt_in• changing the use of the structure to a use permitted in the district in which it is located; City of Cape Canaveral Ordinance No. 17-2006 Page 6 of 15 Wb Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this article but no such use shall be extended to occupy any land outside such building; (c) Any structure, or structure and land in combination. in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming, use may not thereafter be resumed; and (M Where nonconforminguse status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. • . • . PIP 9 E-11 RIIIMSI!1 W1-XVJWwJM44 U19M. • • 3 • f . . • 1 .9 rd I• • ■1 • 1 • I1 • .. • .• • • 1 - ■ • r •M.1 'AW-4=91"MUr• • • • 01 Pr. I • •J 9WtU tVJ• r 1 • 1 i 1 rr r i 114111 r ■.• 1 ■ .1 • ■ LTIII II 111 • 11 1 1 1 1■ I I P■ ■ • ■ • ■ .i ■ ■ 11 ■ r r1 .i ■ 1111111 r IN 411re.• • • • • . • ■ • . . • • . of Am1 • ELI16 I• ■ ■ ■ "1 • 1 I I■ 1 • I •1 • •• • • 3 • f • ■1 • 1 • I1 • • rl ■ 1 • • ■ • • • 1 - ■ • r •M.1 'AW-4=91"MUr• • • • 01 Pr. I • •J 9WtU tVJ• r 1 • 1 i 1 rr r i 114111 r ■.• 1 ■ .1 • ■ LTIII II 111 • 11 1 1 1 1■ I I P■ ■ • ■ • ■ .i ■ ■ 11 ■ r r1 .i ■ 1111111 111 1 WINJ■ 1 I r. 4 4 LVJI• ■ 01-2- K 010 MI•! City of Cape Canaveral Ordinance No. 17-2006 Page 7 of 15 str=twes or of struchnes and s , 4, 1 W t TABEE iNSET.- Time Assessed Valuatio 2kHowanshall connnerice Am -gust C of finp.0%,elnents Tennination in Years' y , 5- s 4,999.00 +&_ 5,000.90 y 999.00 2-0- 30- 25,099.00 , 999.09- 40- je(S-) Notwithstanding subparagraph s1a through (d) of this section {f), the board of adjustment may grant a change of use (used in conjunction with a nonconforming structure and premises) from one nonconforming use to another nonconforming use which is equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area. A petition fbi a change shall be submittcd to the buildingofficial and shall conlain ox be s*eet to the fbilowing. u An application for a chance of use shall be submitted to the building official and shall include the following: a. The property owner's name and address, a recorded deed indicating ownership and the legal description of the property. b. An affidavit executed before a notary public under penalty of perjury attesting to the existing use and the date the use was established. C. A sealed, as -built survey or a scaled drawing of the site along with a notarized affidavit that the drawing is true and correct. Such survey shall show the dimensions, height, number of units and square footage of all structures, setback of all structures, and distances between structures. City of Cape Canaveral Ordinance No. 17-2006 Page 8 of 15 d. An application fee as established by the city council to be set forth in appendix B to the zoning code. e. Clear and convincing evidence that demonstrates that the proposed nonconforming use (used in conjunction with a nonconforming structure and premises) is as equally or more restrictive, equally or less intensive, and equally or more compatible with the surrounding area than the present nonconforming use. L2) The due process and notice Rrovisions set forth in section 110-28 shall Ml to all applications for change of use. All proposed applications for change of use shall be submitted to the planning and zoning board for its study and written recommendation to the board of adjustment. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. (4)g upon receipt of the planning and zoning board's recommendation, the board of adjustment shall issue a written order certifying whether or not the pWosed nonconforming use is equally or more restrictive equally or less intensive and equally or more compatible than the present nonconforming use. The board of adjustment shall consider the written recommendation of the planning and zoning board as part of the official record when hearing an application for chap„ge of use. Q All change of use recommendations and final orders shall be based on the following relevant factors, including but not limited to, whether the requested use: A. uses less space: b. has fewer employees? c. requires less parking; d. creates less traffic - e. has fewer_ deliveries; f. creates less noise; g creates a better benefit to the surrounding area than the previous use; I is more acceptable with the existing and future use or make up of the area: City of Cape Canaveral Ordinance No. 17-2006 Page 9 of 15 i. is more normally found in_a similar neighborhood; or i creates less of an impact than the present nonconforming, use. 9 1 L. I I b W!4 .1 .1 1 1 • ■ • ■ ■ ■ .1 ■ • • 1 • • - • ■ • ■ ■ • .i • • 1 ■ ■A ■ r ■ ■ • ■ •{ ■ • f • ■ • • • ■ i • .1■ ■ • ■ ■ •1 ■ • • • ■ • .1 ■ .1 ■ III r 1 1111 1!, 1111111F 1161010"116 1 jig I NIB • NIP I 1 '1111 Be■ • WIM 4 1 in ■ • 1.1 ■ • ■ ■ ■ IL ■ • 1 ■ .1 Ifinj new mu Wolof■ ■ 1 • , 1 • ■ • ■ 1 .1 • Sec. 110-196. Nonconforming lots of record. In any zoning district in which single-family dwellings or duplexes are permitted, a single- family dwelling or duplex, and customary accessory buildings may be erected, expanded, or altered on any single lot of record, notwithstanding that such lot fails to meet the requirements for area, width, and/or depth for the applicable zoning district. This provision shall only apply where yard dimensions and requirements other than area, width, and/or depth conform in all other respects with the land development regulations for the applicable zoning district. Sec. 110-197. Repairs and inaintenance.- Abandonment. (W A nonconforming use of a building or premises which has been abandoned shall not thereafter be returned to such nonconforming use. A nonconforming use shall be considered abandoned: City of Cape Canaveral Ordinance No. 17-200b Page 10 of 15 W When the intent of the owner to discontinue the use is apparent; or Q When the characteristic equipment and the furnishings ofthe nonconforming use have been removed from the premises and have not been rgplaced by similar equipment within one hundred ei 180 days, unless other facts show intention to resume the nonconforming use: or W When it has been replaced by a conforming use; or W Where the use is discontinued or abandoned fora 12eriod of more than one hundred eighty(180) consecutive days or for eighteen (1 �) months 545 days) during any _three-, three-year period except where the use constitutes a dwelling unit. In the case of dwelling units, the discontinuance or abandonment period shall be seven hundred thirty (73n) consecutive days (2 years). (b The ci council may ant extensions of time for a nonconforming use of a buildin or premises, which would otherwise be considered abandoned pursuant to subsection (a), to continue if the abandonment was directly caused by an act of God or other emergency situation outside of the control of the property owner; (c) In the event a morespecific abandonment. discontinuance or amortization provision is stated elsewhere in this City Code fora specific nonconforming structure, land use, or land area, the more specific provision shall apply. No provision contained in this article, or elsewhere in the City Code regardin& the abandonment, discontinuance, or amortization of nonconforming structures or land uses shall nullify. void. or abrogate any similar provision contained in a duly executed binding development agreement Uproved by the City Council. (a) On my building devoted in yw hole or in part to =*ry rLonconfo, miur, use, work may be existed at the time of pasoage or amen&zient of the ordimmicV, frOm WhiCh this section is affect the assesacd vakativit-time ailowance befbie tenninettion setting the time limit fbI (b) Nodfing in this chapter shall be deemed to prevent the sti engthening, 01 lestolf ilm tcy a safe condition of any building m- part thereof declared to be MIM& bym, officiai chuged with protectilT the public sa&ty, upon ujd,,L of mich official. Sec. 110-198. Tempo, ary user. Repairs and maintenance. City of Cape Canaveral Ordinance No. 17-2006 Page i l of 15 La) Reasonable routine repair and maintenance ofnonconforming structures is permitted And is not a change which would terminate a nonconforming status provided the work is necess to -kegp the structure in a state of good re air. The work may include the Le placement of existing materials with like materials. However, repairs and maintenance may only be authorized by the city council pursuant to section 110-200 or by the building official provided that the building official determines com liance with the following: The permittee shall be in compliance with all other applicable provisions of this article. There are no poding code enforcement actions or liens existing on the subject property. (5) Ifreplacement materials are involved, such replacement may not exceed fifty percent (50%) of the fair market value of the structure, as established by the Brevard County Propegy Appraiser or by a licensed appraiser, whichever is greater. (b Nothingin this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any charged with protecting -the public safety, upon order of such official. However, this subsection shall not be construed as a means of circumventing the intent of this article calling for the elimination of nonconfon-ning structures by allowing a nonconforming structure to be substantiallyrebuilt so as ,to extend the ordinary and natural life of a nonconforming structure. (cj The building official is authorized to permit structural alterations to nonconforming structures in instances where the Occupational Safety and Health Administration_("Q$HAD requirements necessitate alterations, provided the alterations shall not be authorized RnmariI to replace deteriorated materials. Permittees shall be required to produce verification that said alterations are re uired by OSHA including. but not limited to a citation to all applicable OSHA regulations and any OSHA notifications requiring the alteratigns. Ldt This section does not apply to structures used for single-family dwelling or two- family dwelling oses which structures may be renovated rgRaired. or rpRiaced in accordance with a lawfully issued building permit. • n• The repairs and maintenance comply with applicable building and fire codes. No violation of Sections 110-193 110-194110-1951110-197 exists. The permittee shall be in compliance with all other applicable provisions of this article. There are no poding code enforcement actions or liens existing on the subject property. (5) Ifreplacement materials are involved, such replacement may not exceed fifty percent (50%) of the fair market value of the structure, as established by the Brevard County Propegy Appraiser or by a licensed appraiser, whichever is greater. (b Nothingin this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any charged with protecting -the public safety, upon order of such official. However, this subsection shall not be construed as a means of circumventing the intent of this article calling for the elimination of nonconfon-ning structures by allowing a nonconforming structure to be substantiallyrebuilt so as ,to extend the ordinary and natural life of a nonconforming structure. (cj The building official is authorized to permit structural alterations to nonconforming structures in instances where the Occupational Safety and Health Administration_("Q$HAD requirements necessitate alterations, provided the alterations shall not be authorized RnmariI to replace deteriorated materials. Permittees shall be required to produce verification that said alterations are re uired by OSHA including. but not limited to a citation to all applicable OSHA regulations and any OSHA notifications requiring the alteratigns. Ldt This section does not apply to structures used for single-family dwelling or two- family dwelling oses which structures may be renovated rgRaired. or rpRiaced in accordance with a lawfully issued building permit. • n• • • M• • •■ • s • • ■ �■ r ■ -Me City of Cape Canaveral Ordinance No. 17-2006 Page 12 of 15 Sec. 110-199. Reset reck Temporary Uses. The casual, intermittent, temyorary, or illegal use of land or structures, or construction of an unlawful structure, shall not be„sufficient to establish the existence of a nonconforming use or structure. Such use or structure shall not be validated by the adoption of this article or amendments hereto, unless it complies with the terms of the_City Code. Sec. 110-200. Reserved. Special building_nermiit. (a) The intent and RMose of this section is to recognize that there are limited ands ecial circumstances where overall communi and Rublic policy objectives, of the City encourage, and shall be served by, the continuation of some nonconforming uses and structures provided said uses and structures are not detrimental to the surroundin& neighborhood and to the c m0i 11y values established in the Ci 's Com rehensive Plan and Qfty Codes. The Cjjy Council desires to establish specific standards for this category of special building permit in order to allow the continuation of some nonconforming uses and structures notwith_ standing any contrM p visions of this article or Cijy Code. ub The City_Council, at a duly held public hearing, may grant a special building permit to allow the continuation of a nonconforming use or structure provided the following terms and conditions are stricter satisfied: The owner ofthe property on which the nonconforming use or structure exists files a s ecial building permit a lication provided by the Ci1y,• and Q The applicant demonstrates that the continuation of the nonconforming use or structure: A, is capable of contributing in a positive way to the character and serves the needs of the communi1y including re-occgRancy for the accommodation of neighborhood walk -to -service uses, walk -to -work opportunities, and live - work Maces, reuse ofbuildin s with architectural or historic value: and reuse of buildings that _venerate a significant economic benefit to the community, and b. is compatible with, and not detrimental to,� the surroundin nei_hg borhood in terms of traffic, noise, parking, odor, light, intensity and lanes, hours of operation landscaping, aesthetics, structural design and density; and C. is consistent with the community values objectives and olicies established in the itv's Comprehensive Plan and City Code. (c) The Ci1y Council may impose conditions and safeguards as a condition of approval City of Cape Canaveral Ordinance No. 17-2006 Page 13 of 15 of any gRecial building permit granted under this section. Sees. 110-#99201--110-220. Reserved. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2006. ROCKY RANDELS, Mayor ATTEST: For Against Burt Bruns Bob Hong Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. 17-2006 Page 14 of 15 Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 17-2006 Page 15 of 15 Meeting Type: Regular Meeting Date: 10-17-06 AGENDA Heading Discussion item 15 No. Exhibits Attached: . AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: PROPOSED ORDINANCE NO. 19-2006 DEPT/DIVISION: GROWTH MANAGEMENTIP&Z Requested Action: City Council discuss the proposed Ordinance No. 19-2006, Regulation Vacation Rental Units, (4) units or less, to rental not less than (90) days as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached working draft of the ordinance. This ordinance will require (2) advertised public hearings. Exhibits Attached: . Draft of Ordinance City Manager's Department GROWTH MGMT/P&Z cape-nt\kim\mydocuments\admin\council\meting\2006\10-17-06\19-2006.doc WORKING DRAFT October 12, 2006 ORDINANCE NO. 19-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT COMMERCIAL USES IN THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; ESTABLISHING AN AMORTIZATION SCHEDULE FOR TRANSIENT COMMERCIAL USES IN RESIDENTIAL ZONING DISTRICTS WHICH WERE IN EXISTENCE, LICENCED BY THE STATE AND PAID APPLICABLE STATE TRANSIENT RENTAL TAXES AS OF (INSERT DATE); PROVIDING FOR EXTENSIONS; MAKING CONFORMING AND MISCELLANEOUS AMENDMENTS TO CHAPTER 110, ZONING; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article V111, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on transient commercial uses of residential dwelling units serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council has considered and relied upon, in part, studies entitled A Rezoning Study, prepared by Tuttle-Armfield-Wagner dated May 2, 2005 and Brevard County City of Cape Canaveral Ordinance No. 19-2006 Page I of 9 WORKING DRAFT October 12, 2006 Economic Analysis of Residential Rezoning Draft Report, prepared by Tindale -Oliver & Associates, Inc. dated May 2005 for purposes of determining a reasonable time period, formula and procedure for amortizing nonconforming transient commercial uses; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stiikeoat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Transient commercial use means the rental or use of a residential dwelling unit as a bed and breakfast, hostel, hotel, inn, lodge motel resort or other transient lodging uses for compensation money, rent or other bargained for consideration given in return for occupancy, ossession or use of the dwelling unit. ARTICLE VII. DISTRICTS City of Cape Canaveral Ordinance No. 19-2006 Page 2 of 9 WORKING DRAFT October 12, 2006 DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from conizestion and overpopulation, to promote the permanent residency of simile families and to enhance and maintain the residential character and integrity of the area. Sec. 110-275. Prohibited uses and structures. Lad The transient commercial use of a single-family dwelling for less than nines 90 consecutive calendar days is 12rohibited. However, any dwelling being utilized as a transient commercial use which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section_ 212.03, Florida Statutes shall be subject to the amortization provision in section 110-485 of this Code. R -f lovv density tesidentiai district, all All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple -family dwellings, townhouses and mobile homes parks, are prohibited. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity_ of the area. City of Cape Canaveral Ordinance No. 19-2006 Page 3 of 9 WORKING DRAFT October 12, 2006 Sec. 110-295. Prohibited uses and structures. (a) The transient commercial use of a single-family dwelling or a multi le-famil dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar days is prohibited However, any dwelling being, utilized as a transient commercial use which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section 212.03 Florida Statutes shall be subiect to the amortization provision in section 110-485 of this Code. Dwelling unit rentals of less than seven (7) days shall be prohibited in multi -family structures of five 5 units or more. R-2 inedinin density tesidential dist,ict, all All other uses and structures not specifically or provisionally permitted in this division are prohibited. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-311. Intent. The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the 12rovisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residencyoof families and to enhance and maintain the residential character and integrity of the area. Sec. 110-315. Prohibited uses and structures. Lal The transient commercial use of a single-family dwelling or a multi le -fare dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar days is prohibited However, any dwelling being utilized as a transient commercial use, which was in existence and licensed by the Division of Hotels and Restaurants of the Florida Department of Business and Professional Regulation on (INSERT DATE) and that has paid applicable transient rental taxes pursuant to section 212.03, Florida Statutes, shall be subject to the amortization provision in section 110-485 of this Code. LtL Dwelling unit rentals of less than seven 7 days shall be prohibited in multi-famil City of Cape Canaveral Ordinance No. 19-2006 Page 4 of 9 WORKING DRAFT October 12, 2006 structures of five S units or more, R-3 inedittin density residential district, ail All other uses and structures not specifically or provisionally permitted in this division are prohibited. ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY Sec. 110-485. Dwellines, transient commercial use; amortization schedule; extensions. Lah Any dwelling which is subject to this section shall cease operating as transient commercial uses within one 1 year from INSERT DATE and shall thereafter be used in a manner consistent with the zoning district applicable to the property where the dwelling is located. Owners of any dwelling which is eligible for amortization under this section shall provide written proof of state license and payment of applicable state transient rental taxes_ (c) Extensions. LLJ Owners of dwellings subject to this section who cannot reasonably recover their allowable unrecoverable costs within one l year after INSERT DATE ma file a written request for an extension on the grounds that the one (1) yea amortization veriod is insufficient with respect to an individual transient commercial use. Such extension request shall be filed with the City Manager within ninety 90 days from (INSERT DATE). Failure to file a request for an extension within said time period shall bar the filing of an extension. 21 The amortization period is to be determined by (INSERT DECISION MAKING BODY/PERSON) using the followin formula: Allowable unrecoverable costs divided by annual transient commercial use income equals the number of amortization years, or fraction thereof. The owner of the dwelling has the burden of proof by preponderance of the evidence to present sufficient documentation evidencing the values for allowable unrecoverable costs and estimated annual income. City of Cape Canaveral Ordinance No. 19-2006 Page 5 of 9 WORKING DRAFT October 12, 2006 Allowable unrecoverable costs means those costs that are specifically related to managing a transient commercial use. Allowable unrecoverable costs must be costs incurred for the sole use in the transient commercial use. Such costs include but are not limited to: costs associated with state licensure (safety_ signs, fire extinj4uishers, etc.. kitchenware silverware otspans, dishes etc)-, linens and bedding (tablecloths, sheets, pillows, etc) and furniture (beds, couches, chairs, etc). Such costs must have accrued within five (5) years before the effective date of this ordinance. Additionally, such costs must be depreciated 20 percent (20%) per year. ffh Allowable unrecoverable costs does not mean costs that add value to the property despite its use. Such ineligible costs include but are not limited to: roofing repairs,• landscaping including paving; pools, hot tubs and Jacuzzis, room expansions; remodeling, and air conditioning systems._ Annual transient commercial use income means the income received from rents of the transient commercial use minus expenses incurred solely for operation of the transient commercial use. Expenses for operating the transient commercial use include but are not limited to: mortizaize interest for actual rentalperiods; commission to a rental agent; utilities, ordinarymaintenance (not major repair)Viand cleaning services. Expenses not directly related to the operation of the transient commercial use such as mortizaize interest for non -rental periods are not to be included in the calculation of transient commercial use income. EL In determining_ the amortization period, the (INSERT DECISION MAKING BODY/PERSON) shall consider any bona fide contracts entered into before INSERT DATE for violation with the Impairment of Contracts Clause Article I Section 10 of the Florida Constitution and adjust the amortization period to lawfully address the term of the existingcontract. Section 3. Conforming Amendments. The following conforming amendments are made to Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and strrkermt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING City of Cape Canaveral Ordinance No, 19-2006 Page 6 of 9 WORKING DRAFT October 12, 2006 ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICTS Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre; and dwelling unit rentals of icss than seven days me expressly prohibited. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No. 19-2006 Page 7 of 9 WORKING DRAFT October 12, 2006 Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, and dwelling unit Lentats of le35 than seven days are expressly prohibited. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section S. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2006. ROCKY RANDELS, Mayor ATTEST: For Against Burt Bruns Bob Hoog City of Cape Canaveral Ordinance No. 19-2006 Page 8 of 9 WORKING DRAFT October 12, 2006 Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 19-2006 Page 9 of 9 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 Proposed Ordinance No. 19-2006 Clarifying The Intent Of The R-1, R-2, and R-3 Regulations Residential Zoning Districts ------------------------------------------------------------------------------------------- At the Planning & Zoning Board meeting, held on September 27, 2006, by a vote of three for and two against, the Board recommended approval of the above referenced proposed ordinance. Please schedule this item for an upcoming City Council meeting. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-12.22 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveralgefl.mcom DRAFT September 21, 2006 ORDINANCE NO.a-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CODE OF ORDINANCES; CLARIFYING THE INTENT OF THE R-1, R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS; DEFINING THE TERM "TRANSIENT COMMERCIAL USE;" PROHIBITING TRANSIENT COMMERCIAL USES IN THE R-11) R-2 AND R-3 RESIDENTIAL ZONING DISTRICTS FOR SINGLE FAMILY DWELLINGS OR MULTIPLE FAMILY DWELLINGS WITH FOUR (4) OR LESS UNITS FOR PERIODS OF LESS THAN NINETY (90) CONSECUTIVE CALENDAR DAYS; MAKING CONFORMING ---AMENDMENTSTO CHAPTER 110 ZONING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, limitations on transient commercial uses of residential dwelling units serve a substantial governmental interest in preserving the character and integrity of residential neighborhoods. See Cope v. City of Cannon Beach, 855 P.2d 1083 (Or. 1993); Ewing v. City of Carmel -By -The -Sea, 286 Cal. Rptr. 382 (Cal Ct. App. 1991); and WHEREAS, the City seeks to maintain residential zoning districts that are free from congestion and overpopulation and that promote the permanent residency of families; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City of Cape Canaveral Ordinance No. _-2006 Page l of 6 DRAFT September 21, 2006 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as Iegislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions andstrikeoat type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING N a Do M 19M M01 Do y Sec. 110-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Transient commercial use means the rental or use of a residential dwelling unit as a bed and breakfast, hostel hotel inn lodge, motel, resort _or other transient lodging uses for compensation. money, rent or other bargained for consideration given in return for occupancy, possession or use of the dwelling unit. ARTICLE VII. DISTRICTS DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICT Sec. 110-271. Intent. The requirements for the R-1 low density residential district are intended to apply to an area of single-family unattached residential development. Lot sizes and other restrictions are intended to promote and protect a high quality of residential development free from congestion and overpopulation, to promote the permanent residency of single families and to enhance and maintain the residential character City of Cape Canaveral Ordinance No. _-2006 Page 2 of 6 DRAFT September 21, 2006 See. 110-275. Prohibited uses and structures. Lal The transient commercial use of a single-family dwelling for less than ninety (90 consecutive calendar days is prohibited. - 1 lo vy demity residential district. alt All other uses not specifically or provisionally permitted in this division and any use not in keeping with the single-family residential character of the district, including two-family and multiple -family dwellings, townhouses and mobile homes parks, are prohibited. DIVISION 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT See. 110-291. Intent. The requirements for the R-2 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further the 12rovisions herein are intended to promote areas free from congestion and overpopulation. to promote the Permanent residency of families and to enhance and maintain the residential character and integEity of the area. See. 110-295. Prohibited uses and structures. f ja The transientmm rci 1 use of a sing1g,-family dwelling 1 i le-fam'1 dwelling with four 4) units or less for a period of less than ninety (90) consecutive calendar days is prohibited. R-2 inedium dunsityiesidential district, aft All other uses and structures not specifically or provisionally permitted in this division are prohibited. DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT See. 110-311. Intent. City of Gape Canaveral Ordinance No. _-2006 Page 3 of 6 DRAFT September 21, 2006 The requirements for the R-3 medium density residential district are intended to apply to an area of medium density residential development with a variety of housing types. Lot sizes and other restrictions are intended to promote and protect medium density residential development maintaining an adequate amount of open space for such development. Further, the provisions herein are intended to promote areas free from congestion and overpopulation, to promote the permanent residency of families and to enhance and maintain the residential character and integrity of the area. *** Sec. 110-315. Prohibited uses and structures. (a) The transient commercial use of a single-family dwelling or a multi le-famil dwelling with four (4) units or less for a period of less than ninety (90) consecutive calendar ays is pro e - — --- R-3 medium densitY tesidentiaf district, all All other uses and structuress not specifically or provisionally permitted in this division are prohibited. *** Section 3. Conforming Amendments. The following conforming amendments are made to Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida (underlined type indicates additions and sttikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING *** ARTICLE VII. DISTRICTS *** DIVISION 2. R-1 LOW DENSITY RESIDENTIAL DISTRICTS *** Sec. 110-272. Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: City of Cape Canaveral Ordinance No. _-2006 Page 4 of 6 DRAFT September 21, 2006 Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. i3vvelting tinitrentals of icss than sevcrr days are prohibited. DIVISION. 3. R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-292. Principal uses and structures. In the R-2 medium density residential district, the principal uses and structures small be: (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, . DIVISION 4. R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT Sec. 110-312. Principal uses and structures. In the R-3 medium density residential district, the principal uses and structures shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. City of Cape Canaveral Ordinance No. _-2006 Page 5 of 6 DRAFT September 21, 2006 Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre, mid dwc1fing unit rentals of iess than seven days are expiessly prohibite . Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. ection6. evera t rty. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ATTEST: ROCKY RANDELS, Mayor For Against Burt Bruns Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. _-2006 Page 6 of 6 Memo Date: September 19, 2006 To: Bennett Boucher, City Manager From: Todd Morley, Building Offs ial RE: Brevard Coastal Comm - � of Vacation Rentals (aka resort dwellings) I conducted a phone survey of Brevard County beachside municipalities regarding enforcement of vacation rentals. Results: Brevard County (Ed Washburn, County Manager's Office and Wanda Scanes, Code Enforcement Department • A DBPR license indicates commercial activity, which is prohibited in residential districts • Violators will appear before a Special Magistrate and will likely be fined. • Must have a Brevard County Occupational License • Have not processed any cases yet • Rentals which exceed 90 days are not resort dwellings If it is rented more than three times in a calendar year for periods of less than 90 days (or three calendar months) then it is a resort dwelling. Investigation of violations can include the following as prima facie evidence: 1. Multiple tumover of vehicles (tags) 2. Multiple turnover of people 3. Advertising 4. Non -homesteaded property Cocoa Beach (Tony Caravella, Dir. Of Community Services and Robin Reiland, Code Enforcement Officer) • Utilizing affidavits from eyewitnesses as evidence. Search Rents,(?c:toer 10, 2006 'e License_ License T Type Name Type Number/ Rank Resort 8112 PRESIDENTIAL CT DBA DWE1505663 Dwelling Dwelling 1'1810(a 04/01/2007 Resort FILTEAU ALICE CAPE DWE1505663 Dwelling 8112 PRESIDENTIAL Primary Dwelling CT (DBA Name) Current, CAPE ��5? GERARD MASCLET CANAVERAL a Resort HOME DBA DWE1505650 Dwelling 8108 PRESIDENTIAL Current, Dwelling CT CANAVERAL Resort MASCLET GERARD DWE1505650 Dwelling 8108 PRESIDENTIAL Primary Dwelling $/a(o/05 CT Resort SHAW REAL ESTATE Iio7 DWE1505632 Dwelling SOLUTIONS LLC Primary Dwelling 81!a(vj05 217 JOHNSON AVE Current, SHAW REAL ESTATE 1147 Active Resort SOLUTIONS DBA DWE1505632 Dwelling VACATIONS REN Dwelling Current, Active 217 JOHNSON AVE SlAto 04/01/2007 Resort SUNNY BEACH #1 DWE1505648 Dwelling 8204 PRESIDENTIAL DBA Dwelling COURT Resort SUNNY BEACH #2 DBA DWE1505647 Dwelling 7914 AURORA COURT Dwelling Resort SUNNY BEACH #3 DBA DWE1505646 Dwelling 7916 AURORA CT Dwelling Resort TRUDEAN JOHN & DWE1505646 Dwelling SANDI Primary Dwelling 7936 AURORA CT Status/ City Expires Current, CAPE gi,7 Active CANAVERAL 1'1810(a 04/01/2007 q t 77 Current, CAPE Current, Active 04/01/2007 CAPE CANAVERAL r Current, CAPE -P E 1 Active 04/01/2007 CANAVERAL Ok,11 1 05 q t 77 Current, CAPE Active CANAVERAL �A*5 04/01/2007 Current, CAPE ��5? Active CANAVERAL a 04/01/2007 %57 Current, CAPE Active CANAVERAL 04/01/2007 Current, CAPE Active CANAVERAL $/a(o/05 04/01/2007 Iio7 Current, CAPE Active CANAVERAL 81!a(vj05 04/01/2007 Current, CAPE 1147 Active CANAVERAL g1,9gv5 04/01/2007 (e-7 Current, Active CAPE CANAVERAL SlAto 04/01/2007 License Type Name Type s/ Expires C� Ra Resort TRUDEAN JOHN &Current, Primary DWE1S05647 Active e CAPE 11 Dwelling SAN 7914 AURORA COURT Dwelling 04/01/2007eCANAVERAL_ Slo��l�5 q i(� TRUDEAN JOHN & DWE1505648 Current, CAPE�a(c�DS SAN DI Resort Dwelling 8204 PRESIDENTIAL Primary Dwelling Active 04/01/2007 CANAVERAL COURT r��+ seams Page 2 of 2 F-0"00 PLEASE COPY AND DISTRIBUTE TO ALL APPLICABLE PERSONS: Mayor All Council members Managers Clerk Attorney Finance Director Florida League of Cities, P.O. Box 1757. Tallahassee, FL 32302-1757. (850) 222-9684. Suncom 278-5331 .www.flcities.com DATAGRAM October 31, 2005 . Vol. 33, No. 2 Noted Political Analyst to Headline League's Legislative Conference The Florida League of Cities Legisla- tive Conference will be held November 17-18, 2005, at the Hyatt Orlando Inter- national Airport Hotel. Conference an- nouncements have been mailed to League members and are available online at www.flcities.com, under"News & Hot Links." The hotel reservation dead- line is November 7. We are pleased to announce that Dr. Susan A. MacManus, distinguished university professor and nationally renowned political expert, will speak at the legislative luncheon dur- ing the Legislative Conference. Dr. MacManus has appeared on ABC, NBC, CBS, CNN and MSNBC, and in various print and broadcast media throughout the world. She has also won accolades following her riveting commentary relat- ing to the 2000 election season, and has been identified as the most -quoted political scientist in Florida during last year's elections. Come hear her fore- cast for the upcoming legislative and election scene in Florida. Don't miss out! Florida Cities of Excellence Awards Banquet Ticket Information Deadline - November 7 The Florida Cities of Excellence Awards Banquet will be held Friday, November 18, at the Hyatt Orlando In- ternational Airport Hotel. Each finalist and years of service recipient has been notified. If you have not submitted your ticket order form, please do so by No- vember 7 to Gail Dennard or Laura Underhill at the League. Finalists will receive two complimentary tickets. Ad- ditional tickets may be purchased for $75 each, which includes the reception and banquet. Hotel reservations will be available at $114, plus 11.5 percent occupancy and 6.5 percent sales tax. The Hyatt must receive hotel accom- modations by November 7. The ticket order form and hotel information have been posted on our Web site, www. flcities.com under "News & Hot Links," or call Gail or Laura at the League at 1- (800) 342-8112. Florida City Government Week During the week of October 16-22, Florida City Government Week celebra- tions took place throughout the state. Many Florida cities organized activities including mock commission meetings, city heritage day festivals and essay contests highlighting the importance of city government. The League wants to know how your city was involved in Florida City Gov- ernment Week. Please submit any pho- tos, surveys or summaries outlining your city's participation to Estella Gray ategraya@flcities.com by December 1. Excerpts from your submissions will be featured in an upcoming Quality Cities magazine article. Please contact Estella Gray at (850) 222-9684 formore information. City Innovations Showcase Call for Entries The next edition of the League's City Innovations Showcase will be published in early 2006. The City Innovations Showcase allows cities to highlight the good things that Florida cities are do- ing. The result benefits all Florida citi- zens, as municipal government officials and staff learn new ways to enhance services, save taxpayers' dollars, pro- mote civic pride and volunteerism, and meet local needs. Information is available in the Sep- tember/October 2005 issue of Quality Cities and on the League Web site at www,flcities.com/membership/inno vations.asp. Please call Mandy Rogers at the League or e-mail mrogers@ flcities.com with any questions. Rental Property Ordinances Representatives of the League were asked to meet with representatives of Florida's apartments and realtors asso- ciations, the Florida Department of Busi- ness and Professional Regulation (DBPR) and legislative committee staff to discuss local government regulation of rental properties. Current law, Sec. 509.032(7), Fla. Stat., preempts to the DBPR regulation of "public lodging es- tablishments," which are generally de- fined as apartments of more than four units or single-family dwellings rented for a period of up to one month. (Ch. 509, Fla. Stat., should be reviewed for precise definitions.) The impetus forthis meeting was concern by apartment managers and realtors around the state that some local governments were con- sidering or had already adopted ordi- nances creating licensing and inspec- tion programs for rental units meeting the definition of "public lodging estab- lishment," and thereby being subject exclusively to state regulation under Ch. 509, Fla. Stat. Local governments are only authorized to conduct Florida Building Code and Florida Fire Code compliance inspections of public lodg- ing establishments that are preempted to exclusive state regulation. Local governments may adopt ordi- nances regulating rental properties not subject to exclusive state regulation under Ch. 509 (generally, those with four or fess units and single-family resi- dences rented for more than 30 days). Importantly, under Ch. 509, al[ "public if you wculd like to be removed from the Datagram mailing list, please e-mail Laura Underhill at lunderhili@ficities.com or fax her at (850) 222-3806. PAGE 1 of:3 II Financial Corner —1I Free FLC Financial Services Workshops The League's Department of Financial Services will be holding two free educational workshops this fall. The Florida Municipal Pension Trust Fund (FMPTF) workshop will be held November 30, 2005, League staff and other investment professionals will discuss how your city's FMPTF retirement plan is managed. You will also learn about current trends and issues that are impacting municipal retirement plans. The Florida Municipal Investment Trust (FMIvT) workshop will be held Decem- ber 1, 2005. Learn ways to put your local government's operating assets to work using the many FMIvT funds available to you. Hear how recent events affect the economy and your city's investment assets. The League invites all current Trust members and other interested parties to attend. Meet our team of professionals and ask the questions you've always wanted answered. The workshops will be held at the Jupiter Beach Resort in Jupiter. Contact Penny Mitchell atpmitchell@flcities.com or 1-(800) 616-1513, ext. 241, for more information. Or, visit www.flcities.com1financial to register. lodging establishments" subject to state regulation are required to be licensed, pay license fees and be regularly in- spected by the DBPR. If you believe a "public lodging establishment" in your city is not meeting these requirements, you may want to contact the Division of Hotels and Restaurants within the Florida DBPR at (850) 487-1395, If your city decides to regulate those rental properties not preempted to state regu- lation, Sec. 166.221, Fla. Stat., pro- vides a local government has general authority to levy reasonable business, professional and occupational regula- tory fees. However, such fees must be commensurate with the cost of the regu- latory activity, and the regulatory au- thority is limited to regulation not pre- empted by the state. If you have any questions or need additional informa- tion regarding this matter, please con- tact Scott Dudley or Kraig Conn at the League office by calling (850) 222-9684. Homeland Security/ Emergency Management Survey Professors Susan A. MacManus and Kiki Caruson from the Department of Govemment and International Affairs at the University of South Florida have mailed Florida League of Cities mem- bers a survey asking how cities finance homeland security and emergency man- agement. Please complete the survey and mail orfax it backto the professors as soon as possible. Call Professor MacManus at (813) 949-0320 for more information or if you have questions. Florida Housing Homeownership Forum Florida Housing Finance Corporation is conducting a Homeownership Forum in Florida Housing's Seltzer Conference Room, 6th Floor, on November 8, 2005, from 2:00 p.m. -4:00 p.m. Florida Hous- ing encourages elected officials and municipalities to participate in a dis- cussion regarding efforts to provide af- fordable homeownership in Florida. Homeownership staff and Florida Housing's new executive director, Steve Auger, will be participating in the forum and listening to your input. For more information on the forum, teleconfer- encing information, to RSVP and for directions, contact Elizabeth Loggins at (850) 488-4197 or elizabeth.loggins@ floridahousing. org. Florida Fire Chiefs Association Online Career Center The Florida Fire Chiefs Association's new Web -based career center allows users to postjobs and search resumes, take skills quizzes, have communica- tion with job candidates and track ac- tivity. For more information and to view the site, go to http.ldobs.fica.org. ICMA Hosts Eminent Domain Webcast On November 15, 2005, at 2:00 p.m. EST, the Intemational City/County Man- agement Association (ICMA) will host a 90 -minute Webcast called "Eminent Domain: Implications from the Kelo v. City of New London Case." The Webcast will explore the major implications for local governments of the Supreme Court's decision, highlight how local governments have successfully used eminent domain in the past, and exam- ine what actions Congress and the state legislatures are likely to take to curb local government powers. The cost of the Webcast is $95 per site. For more information and to register, visit www. lgean. org/html/tra iningh'cma index. cfm or call (877) 865-4326. All -America City Award The National Civic League is accept- ing applications for the 2006 Alf -America City Award program. Applications are due March 9, 2006. Cities, towns, neigh- borhoods, counties and regions can apply. The National Civic League will announce 30 finalists on April 14, 2006. All finalists advance to the 57th Annual All -America City Awards competition in Anaheim, Calif., June 9-12. A national panel of judges will score the 30 pre- sentations and select 10 winners based on the quality of the collaborative projects each community presents. For more information orto receive an appli- cation, contact Gary Chandler at the National Civic League at (303) 571-4343 or aleksh@ncl.org. Florida Mentoring Partnership Award of Excellence Applications for the 2005 Florida Mentoring Awards are due Monday, November 7. Awards are presented to mentors who have demonstrated ex- emplary service during July 1, 2004 — June 30, 2005. One mentor of excel- lence will be selected from each of the following categories: Corporate Mentoring, Faith -Based Mentoring, Mu- nicipal Mentoring, School- or Commu- nity -Based Mentoring, State Agency Mentoring, and School VolunteerCoor- dinator. Applications will be accepted online at www.flarrnentoring.org/awards of excellence info.php. Each selected mentor will receive a vacation cruise for two donated by Carnival Cruise Lines. Selected mentors also will be recog- nized at a special mentoring event at the Governor's Mansion in Tallahas- see. Please visit www.flamentoring.org for more information. Positions Open An abbreviated version of position open ads sent to the League is listed below. A full version of the ads is avail- able at www.flcities.com/datagram. Those needing a faxed copy should contact Mandy Rogers at the League office. All positions advertised in the Datagram must be division -head level orabove. Community Development Director — City of Cape Coral. (pop. 132, 379) Salary: $73,340.80 - $120,972.80. Clos- ing date: November 5, 2005. City Manager — City of Chiefland. (pop. 2,107) Salary: $46,439 - $70,243 DOQ. Closing date: December 8, 2005. Finance Director — City of Fort Meade. (pop. 5,828) Salary: $50,000 DOQ. Open until filled. PAGE 2of3 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 013 : Online Sunshine Page 1 of 1 509.013 Definitions. --As Used in this chapter, the term: (1) "Division" means the Division of Hotels and Restaurants of the Department of Business and Professional Regulation. (2) "Operator" means the owner, licensee, proprietor, lessee, manager, assistant manager, or appointed agent of a public lodging establishment or public food service establishment. (3) "Guest" means any patron, customer, tenant, lodger, boarder, or occupant of a public lodging establishment or public food service establishment. (4)(a) "Public lodging establishment" means any unit, group of units, dwelling, building, or group of buildings within a single complex of buildings, which is rented to guests more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented to guests. License classifications of public lodging establishments, and the definitions therefor, are set out in s. 509.242. For the purpose of licensure, the term does not include condominium common elements as defined in s. 718•?D3- (b) The following are excluded from the definition in paragraph (a): 1. Any dormitory or other living or sleeping facility maintained by a public or private school, college, or university for the use of students, faculty, or visitors; 2. Any hospital, nursing home, sanitarium, assisted living facility, or other similar place; 3. Any place renting four rental units or less, unless the rental units are advertised or held out to the public to be places that are regularly rented to transients; 4. Any unit or group of units in a condominium, cooperative, or timeshare plan and any individually or collectively owned one -family, two-family, three-family, or four -family dwelling house or dwelling unit that is rented for periods of at least 30 days or 1 calendar month, whichever is less, and that is not advertised or held out to the public as a place regularly rented for periods of less than 1 calendar month, provided that no more than four rental units within a single complex of buildings are available for rent; http://www.leg.state.fl.us/Statutes/index.ef-n?App mode=Display_ Statute&Search Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 101 : Online Sunshine Page 1 of 1 509.101 Establishment rules; posting of notice; food service inspection report; maintenance of guest register; mobile food dispensing vehicle registry. -- (1) Any operator of a public lodging establishment or a public food service establishment may establish reasonable rules and regulations for the management of the establishment and its guests and employees; and each guest or employee staying, sojourning, eating, or employed in the establishment shall conform to and abide by such rules and regulations so long as the guest or employee remains in or at the establishment. Such rules and regulations shall be deemed to be a special contract between the operator and each guest or employee using the services or facilities of the operator. Such rules and regulations shall control the liabilities, responsibilities, and obligations of all parties. Any rules or regulations established pursuant to this section shalt be printed in the English language and posted in a prominent place within such public lodging establishment or public food service establishment. Such posting shall also include notice that a current copy of this chapter is available in the office for public review. In addition, any operator of a public food service establishment shall maintain the latest food service inspection report or a duplicate copy on premises and shall make it available to the public upon request. (2) It is the duty of each operator of a transient establishment to maintain at all times a register, signed by or for guests who occupy rental units within the establishment, showing the dates upon which the rental units were occupied by such guests and the rates charged for their occupancy. This register shall be maintained in chronological order and available for inspection by the division at any time. Operators need not make available registers which are more than 2 years old. Each operator shalt maintain at all times a current copy of this chapter in the office of the licensed establishment which shall be made available to the public upon request. http://www.leg.state.fl.us/Statutes/index.cfm?App_modc=Display_Statute&Search Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 211 : Online Sunshine Page 1 of 1 509.211 Safety regulations. -- (1) Each bedroom or apartment in each public lodging establishment shalt be equipped with an approved locking device on each door opening to the outside, to an adjoining room or apartment, or to a hallway. (2) The division, or its agent, sha€t immediately notify the local firesafety authority or the State Fire Marshal of any major violation of a rule adopted under chapter 633 which relates to public lodging establishments or public food service establishments. The division may impose administrative sanctions for violations of these rules pursuant to s. 509,261 or may refer such violations to the local firesafety authorities for enforcement. (3)(a) ft is unlawful for any person to use within any public lodging establishment or public food service establishment any fuel -burning wick -type equipment for space heating unless such equipment is vented so as to prevent the accumulation of toxic or injurious gases or liquids, (b) Any person who violates the provisions of paragraph (a) is guilty of a misdemeanor of the second degree, punishable as provided in s. _775.082 or s. 775.083. (4) Each public lodging establishment that is three or more stories in height must have safe and secure railings on all balconies, platforms, and stairways, and all such railings must be property maintained and repaired. The division may impose administrative sanctions for violations of this subsection pursuant to s. 5-09.261, http://wwwlec,.state.fl.us/Statutes/index.cfm?App mode=Display_ Statute&Search Strin... 09/13/2006 -3taEutes a f—onstitution : View Statutes :->2006->Ch0509->Section 242 : OnIine Sunshine Page I of 2 509.242 Public lodging establishments; classifications.-. (1) A public lodging establishment shall be classified as a hotel, motel, resort condominium, nontransient apartment, transient apartment, roominghouse, bed and breakfast inn, or resort dwelling if the establishment satisfies the following criteria: (a) Hotel. --A hotel is any public lodging establishment containing sleeping room accommodations for 25 or more guests and providing the services generally provided by a hotel and recognized as a hotel in the community in which it is situated or by the industry. (b) Motel. --A motel is any public lodging establishment which offers rental units with an exit to the outside of each rental unit, daily or weekly rates, offstreet parking for each unit, a central office on the property with specified hours of operation, a bathroom or connecting bathroom for each rental unit, and at least six rental units, and which is recognized as a motel in the community in which it is situated or by the industry. (c) Resort condominium. --A resort condominium is any unit or group of units in a condominium, cooperative, or timeshare plan which is rented more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or 1 calendar month, whichever is less. (d) Nontransient apartment. --A nontransient apartment is any apartment building in which 75 percent or more of the units are available for rent to nontransient tenants. (e) Transient apartment. --A transient apartment is any apartment building in which units are advertised or held out to the public as available for transient occupancy. (f) Roominghouse. --A roominghouse is any public lodging establishment that may not be classified as a hotel, motel, resort condominium, nontransient apartment, bed and breakfast inn, or transient apartment under this section. A roominghouse includes, but is not limited to, a boardinghouse. (g) Resort dwelling. --A resort dwelling is any individually or collectively owned one -family, two-family, three-family, or four -family dwelling house or dwelling unit which is rented more than three times in a calendar year for periods of less than 30 days or 1 calendar month, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 30 days or 1 calendar month, whichever is less. (h) Bed and breakfast inn. --A bed and breakfast inn is a family home structure, with no more than 15 sleeping rooms, which has been modified to serve as a transient public lodging establishment, which provides the accommodation and meat services generally offered by a bed and breakfast inn, and which is recognized as a bed and breakfast inn in the community in which it is situated or by the hospitality industry. (2) If 25 percent or more of the units in any public lodging establishment fall within a classification http://www.leg. state.fl. us/Statutes/index. cfm?App_mode=Displ ay_Statute& Search_Strin... 0911-3/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 242 : Online Sunshine Page 2 of 2 different from the classification under which the establishment is licensed, such establishment shall obtain a separate license for the classification representing the 25 percent or more units which differ from the classification under which the establishment is licensed. (3) A public lodging establishment may advertise or display signs which advertise a specific classification, if it has received a license which is applicable to the specific classification and it fulfills the requirements of that classification. http://www.lecr.state.fI.us/Statutes/index,cfrn?App_mode=Display_Statute&Search_Strin... 09/13/2006 -MaLutes ac �-onsutution :view Statutes :->2006->Ch0509->Section 271 : Online Sunshine Page 1 of I 509.271 Prerequisite for issuance of municipal or county occupational license. --A municipality or county may not issue an occupational license to any business coming under the provisions of this chapter until a license has been procured for such business from the division. http://www. le-. state. fl us/Statutes/index.c fin?App_mode=Display_S tatute& Search_Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 285 : Online Sunshine Page 1 of 1 509.285 Enforcement; city and county officers to assist. --Any state or county attorney, sheriff, police officer, and any other appropriate municipal and county official shall, upon request, assist the division or any of its agents in the enforcement of this chapter. http://ww-w,le ..state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->ChO509->Section 032 : Online Sunshine Page 1 of 1 7) PREEMPTION AUTHORITY. --The regulation of public lodging establishments and public food service establishments, the inspection of public lodging establishments and public food service establishments for compliance with the sanitation standards adopted under this section, and the regulation of food safety protection standards for required training and testing of food service establishment personnel are preempted to the state. This subsection does not preempt the authority of a local government or local enforcement district to conduct inspections of public lodging and public food service establishments for compliance with the Florida Building Code and the Florida Fire Prevention Code, pursuant to ss. 553_an and 633.022. http://www.leg. state.fl-us/Statutes/index-cfm?App_mode=Di splay_Statute&Search_Strin... 09/13/2006 Statutes & Constitution :View Statutes :->2006->Ch0509->Section 241 : Online Sunshine Page 1 of 1 509.241 Licenses required; exceptions. -- (1) LICENSES; ANNUAL RENEWALS. --Each public lodging establishment and public food service establishment shall obtain a license from the division. Such license may not be transferred from one place or individual to another. It shall be a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for such an establishment to operate without a license. Local law enforcement shall provide immediate assistance in pursuing an illegally operating establishment. The ivisian may refuse a icense, or a renewal t ereo , to any establishment that is not constructed and maintained in accordance with law and with the rules of the division. The division may refuse to issue a license, or a renewal thereof, to any establishment an operator of which, within the preceding 5 years, has been adjudicated guilty of, or has forfeited a bond when charged with, any crime reflecting on professional character, including soliciting for prostitution, pandering, letting premises for prostitution, keeping a disorderly place, or illegally dealing in controlled substances as defined in chapter 893, whether in this state or in any other jurisdiction within the United States, or has had a license denied, revoked, or suspended pursuant to s. 4D. 14 Licenses shall be renewed annually, and the division shall adopt a rule establishing a staggered schedule for license renewals. If any license expires while administrative charges are pending against the license, the proceedings against the license shall continue to conclusion as if the license were still in effect. (2) APPLICATION FOR LICENSE. --Each person who plans to open a public lodging establishment or a public food service establishment shall apply for and receive a License from the division prior to the commencement of operation. A condominium association, as defined in s. 712.103, which does not own any units classified as resort condominiums under s. 509(1)(c) shall not be required to apply for or receive a public lodging establishment license. (3) DISPLAY OF LICENSE. --Any license issued by the division shalt be conspicuously displayed in the office or lobby of the licensed establishment. Public food service establishments which offer catering services shall display their license number on all advertising for catering services. http://www.Ieg.state. fl.us/Statutes/index.cfm?App_mode=Display_ Statute&Search_Strin... 09/131/2006 DIVISION 1. GENERALLY Page I of 1 Resort dwelling means any single family dwelling or multifamily dwelling unit which is rented more than three times in a calendar year for periods of less than 90 days or three calendar months, whichever is less, or which is advertised or held out to the public as a place regularly rented for periods of less than 90 days or three calendar months, whichever is less. For the purposes of this chapter, a resort dwelling is a commercial use. For the purposes of this definition, subleases for less than 90 days are to be considered separate rental periods. V C hap.Hlibrary4.municode.com/mcc/Doc View/ 10473/1/345/364/365 09/13/2006 DIVISION 5. SPECIFIC CRITERIA FOR PERMITTED USES WITH CONDITIONS A... Pagel of 2 Sec. 62-1841.5.5. Resort dwellings. Where a resort dwelling is listed as a permitted use with conditions in certain residential zoning classifications, it must meet the following qualifying conditions. (1) Location standards. Resort dwellings shall be restricted to parcels that are. a. Developed with a nonconforming multi -family residential use; b. Located east of State Road A1A but do not abut single family detached uses or lots zoned for single family detached uses; C. Located on the west side and have direct frontage on State Road AIA, but do not abut single family detached uses or lots zoned for single family detached uses; or d. Located within a multifamily tract in a PUD or RPUD, or located in a single family tract if submitted as part of a preliminary development plan application and approved by the board of county commissioners in public hearing. 2. Performance standards. All resort dwellings qualifying under this section, except where the owner lives on site and holds a homestead exemption, shall meet the following performance standards. These performance standards shall be included in the rental agreement and conspicuously posted inside the unit. a. Parking. For single family resort dwellings, there shall be at least one designated and available off-street parking space for each bedroom in the residence. Occupants shall not park their vehicles on the street. b. Maximum occupancy. The number of persons occupying the resort dwelling at any given time shall not exceed the number of rooms in the residence, as established by a submitted floorplan. The maximum occupancy of the structure shall be established by the planning and zoning office at the time of occupational license review. c. Excessive or late noise. Noise emanating from the resort dwelling shall not disturb the peace and quiet of the vicinity in which the residence is located. Any noise whose measurement exceeds the sound level limits set forth for residential zoning in section 62-2271 or violates the provisions of chapter 46, article IV is considered excessive noise. Additionally, sounds produced from any radio, stereo, television, amplifier, musical instrument, phonograph or similar device shall not be discernable at the property line of the resortdwelling after 10:00 p.m. and before 7:00 a.m. d. Local management. Each resort dwelling shall have a designated local manager. The local manager shall be a permanent resident of the county and shall be available 24 hours a day, seven days a week, to address neighborhood complaints. The local manager's name and telephone number shall be registered with the planning and zoning office and shall be posted on the property in a manner visible from the street. e. Manager's responsibility. The local manager is responsible for assuring compliance with the performance standards in this section. The local manager shall satisfactorily address complaints by concerned residents of violations of the performance standards ((2)a., (2)b., and (2)c.) in this section within one hour of receipt of the complaint. The resort dwelling's occupational license may be revoked if more than two unresolved complaints are received by the county. An unresolved complaint is a complaint that is filed with the county by an individual residing in the same neighborhood who has previously filed the complaint with http://Iibrary4.municode.cozn/mce/DocView/10473/1/3451364/369 09/13/2006 DIVISION 5. SPECIFIC CRITERIA FOR PERMITTED USES WITH CONDITIONS A... Page 2 of 2 the local manager, but the local manager did not resolve the complaint to the satisfaction of the individual within one hour. Revoked licenses may not be reissued for a period of one year from the date of revocation. f. Penalty. In addition to the penalties enumerated in chapter 2, article Vl, division 2 of this Code, the code enforcement special magistrate may suspend or revoke the resort dwelling's occupational license under the following conditions: if the special magistrate finds a violation or recurring violation of this section, the special magistrate may suspend the resort dwellings occupational license for a period of not more than 30 days or until the issue is resolved, whichever is later; and if the special magistrate finds a repeat violation of this section or a violation of a suspension order, the special magistrate may revoke the resort dwelling's occupational license. Revoked licenses may not be reissued for a period of one year from the date of revocation. Additionally, the county may enforce this section by any other means provided by law. (Ord. No. 05-27, § 4, 5-19-05; Ord. No. 06-06, § 3, 1-24-06) http://Iibrary4.municode.come/mcc/DoeView-/10473/1/345/364/369 09/13/2006 DIVISION 2. ADMINISTRATION AND ENFORCEMENT Page 1 of 2 U 1�'6vrv!�2 Sec. 62-1191. Amortization of pre-existing resort dwellings. �L/r"I � (a) Notwithstanding other provisions of subdivision 11, pre-existing resort dwellings shall cease operating as resort dwellings within six months from the effective date of this division, and shall thereafter be used in a manner consistent with the zoning classification applicable to the property where the resort dwelling is located. Pre-existing resort dwellings for the purpose of this section are those resort dwellings that have an active state permit or license for a resort dwelling from the department of business and professional regulation (DBPR) which was issued prior to the effective date of this division, or which paid state sales taxes for a transient rental prior to the effective date of this division. Uses that claim to be pre-existing resort dwellings shall qualify by providing a copy of their current DBPR permit or license or proof of paid state sales tax prior to the planning and zoning office prior to issuance of an occupational license by the county. (b) Appeal process. (1) Owners of pre-existing resort dwellings who cannot reasonably recover their allowable unrecoverable costs within six months after the enactment of the ordinance may file an appeal to a special magistrate appointed by the board of county commissioners on the grounds that the six-month amortization period is insufficient with respect to an individual resort dwelling. Such appeal shall be filed within 90 days from the effective date of this ordinance with the planning and zoning office. (2) The amortization period is to be determined by the following formula: Allowable unrecoverable costs divided by annual resort dwelling income equals the number of amortization years or fraction thereof. (3) The presumed value for allowable unrecoverable costs is $6,000.00. The presumed value for estimated annual income is $12,040.00. The resulting amortization period would be 0.5 years or six months. In any appeal, the property owner has the burden of proof by preponderance of the evidence that the presumed values for allowable unrecoverable costs and estimated annual income are not reasonable as applied to an individual resort dwelling. (4) Allowable unrecoverable costs means those costs that are specifically related to managing a resort dwelling. Allowable unrecoverable costs must be costs incurred for the sole use in the resort dwelling. Such cost include but are not limited to: costs associated with state licensure (safety signs, fire extinguishers, etc.); kitchenware (silverware, pots, pans, dishes, etc); linens and bedding (tablecloths, sheets, pillows, etc) and furniture (beds, couches, chairs, etc). Such costs must have accrued within five years before the effective date of this division. Additionally, such costs must be depreciated 20 percent per year. (5) Allowable unrecoverable costs does not mean costs that add value to the property despite its use. Such ineligible costs include but are not limited to: roofing repairs; landscaping, including paying; pools, hot tubs and jacuzzis, room expansions; remodeling; and air conditioning systems. (6) Annual resort dwelling income means the income received from rents of the resort dwelling minus expenses incurred solely for operation of the resort dwelling. Expenses for operating the resort dwelling include but not limited to: mortgage interest for actual rental periods; commission to a rental agent; utilities, ordinary maintenance (not major repair); and cleaning services. Expenses not directly related to the operation of the resort dwelling such as mortgage interest for non -rental periods are not to beincluded in the calculation of resort dwelling income. (7) In determining the amortization period, the special magistrate shall consider any bona fide contracts enter into before the enactment of the ordinance for violation with the http://tibrary4.municode.com/mcc/DocView/10473/1/34/364/366 09/13/2006 DIVISION 2_ ADMINISTRATION AND ENFORCEMENT Page 2 of 2 Impairment of Contracts Clause, Article 1, Section 10 of the Florida Constitution and adjust the amortization period accordingly up to an additional six months. (Ord. No. 05-27, § 5, 5-19-05) http://library4.municode.comn/mcc/DocView/ 10473/1/34/3641366 09/13/2006 i BUILDING DEPARTMENT Date: October 9, 2006 To: Bennett Boucher, City Manager From: Todd Morley, Building Official Re: Building Department Quarterly Activity Report: July - September 2006 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of July - September 2006 BuildiniE Department - Overview: Staff attended one customer service training session. Dennis Clements, Building Inspector, obtained a Building Official's License. Duree Alexander, Code Enforcement Officer, was responsible for our Community Rating System being recertified by FEMA. This ensures that Cape Canaveral citizens receive discounts on flood insurance through the National Flood Insurance Program. Todd Morley, Building Official, organized and hosted a 15 -hour, two-day training course for building inspectors, plans examiners and building officials with certified training conducted by the Building Officials Association of Florida (BOAF); held in Port Canaveral. Dennis Clements and Mike Richart each obtained 15 hours of continuing education credit hours by attending the BOAF training course in Port Canaveral. Todd Morley was elected to serve as President of the BOABC. 1019106 Building Department Quarterly Report July - September 2006 pg- 2 Todd Morley attended one meeting of the BOABC Damage Assessment Committee. Todd Morley served on the Cape Canaveral Building Committee to review and evaluate an RFQ for the new Cape Canaveral City Hall/Policy Facility Project. Projected and on-going_projects: • AJT Building - Phase 3 — (North end of Astronaut Blvd.) — Awaiting amended site plan for approval. • Atlantic Animal Clinic - (AIA between Tyler & Harrison on N. Atlantic Ave.) Construction is underway. • Bayport Condominiums - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units at build -out. Construction is ongoing. • Beach Side Townhomes 2nd Addition - (502 and 504 Adams Avenue) — A 2 -unit townhouse building - Preliminary Replat time extension was approved. • Bill Mays and Berchet O'Daniel Outside Storage Facility - (400 Imperial Blvd.) - A special Exception request has been approved. This is related to the Cape Office Building project, below. • Cabo Verde Condominiums - (Porter Property at AIA & Holman Rd.) — Site plan submitted_ Waiting for developer's response to staff review. • Canaveral Bulk Terminal - (Conveyor System at 245 Challenger Rd.) — City Council approved a development agreement. The site plan was approved. Construction is on-going. • Cape Canaveral Carwash (intersection of N. Atlantic Ave. and Astronaut Blvd) — Held pre -application meeting. • Cape Canaveral Condominiums - (Oak Manor Trailer Park - formerly the Gould property at East Central and N. Atlantic Ave.) - The Special Exception request for R-2 use in the C-1 district was approved. An extension has been applied for and set for October 23 BOA meeting. 1019106 Building Department Quarterly Report July - September 2006 pg. 3 • Cape Office Building - (400 Imperial Blvd.) - Site Plan has been approved. Building permit application is under review. This is related to the Bill Mays and Berchet O'Daniel Outside Storage Facility project, above. • Casa Bonita - (103, 105, 107 and 109 Washington Ave.) — A 4 -unit townhouse building. Construction is nearing completion. • Central Canaveral Condominiums (aka Brittany Ct.) — (8591- 8597 Canaveral Blvd. — at corner of Central & Canaveral) A 4 -unit condominium building. Construction is nearing completion. • Chadwick Townhomes - (422 and 424 Madison Ave) - The Final Replat was approved for one 2 -unit townhouse building. A building permit has been issued. Construction is on-going. • Craig Stewart - (Oak Lane) - The Special Exception Request was approved for a total of 10 residential units in the C 1 zoning district. Waiting for site plan application. • Discovery Bay Single Family Subdivision - (616 Manatee Bay Dr_) One Single Family Residence. Construction is nearing completion. • Greene Commercial Building — Pre -application meeting held. Waiting for submittal. • Hertz Car Rental (northern outparcel at Residence Inn Hotel previously known as "Vehicle Rental Facility") — Held preliminary staff meeting. Waiting for revised site plan from applicant. • Nasajpour Outside Storage - (200 W. Central Boulevard) - Special exception for outside storage approved. • Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's Nursery) 40 condominium units at build -out. Construction is on- going. Public Works Maintenance Building - The Site Plan was approved. A Notice to Proceed has been issued to Butler Construction for the shell building. • Puerto Del Rio — (At W. Central and Thurin Blvd.) 164 condominium units in Phases I & H. 240 condominium units in Phase III. 404 condominium units at project build -out. Construction is ongoing. • Sea Shell Cay Townhomes - (8801 & 8803 Seashell Ln/8802 & 8804 N. Atlantic Ave. - Corner of Harbor Drive and N. Atlantic Avenue) one 4 -unit townhouse building. Construction is on-going. 1019106 Building Department Quarterly Report July - September 2006 pg. 4 • Sea Shell Cay North Townhomes - (Lot 3, Sea Shell Drive) - The Special Exception request was denied by the Board of Adjustment. • Sea Shell Cay Office Building - (Lot 3, Sea Shell Drive) - A Pre - Application Site Plan meeting was held last quarter. No new information has been received. Note: this is the same property as the Sea Shell Cay North Townhomes. • Treasure Key Townhomes - (Washington Avenue) - A Special Exception Request was approved last quarter with the condition that the use be limited to six (6) units. • Valvoline Service Center (At BP Station on Astronaut Blvd.) — Held pre -application meeting. • Villa Campagnia (204 Holman Rd.) (previously known as Kalidas Townhomes and Venable Townhomes) - (5) condominium units. Construction is on-going. • Villa Cielo (8019, 8023, 8027 & 8031 Magnolia Ave.) (formerly known as Corriveau Townhomes) — A (4) unit townhouse building. Construction is on-going. • Villagio Del Mar - (S.E_ corner of Washington Ave. and Ridgewood Ave.) — A 3 -unit townhouse building - Preliminary Replat has been approved. Building permit application is under review. Recently completed proiects: • Bayport Condominiums - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) One 24 -unit building (24 units) (One C.O.) • Country Inn & Suites - (Just North of Residence Inn on Astronaut Blvd.) 150 -room hotel. (One C_O. issued) • Madison Cay (a.k.a. Shores of Artesia, a.k.a. Sand In the Shoes) — (One block south of Surf and Ridgewood) Four townhome units completed. This completes the site build -out. (Four C.O.'s issued) • Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's Nursery) (4 units) (One C.O. issued) • Portside Villas — (N. Atlantic Avenue, across from Villages of Seaport) — One 10 -unit building completed this quarter_ (10 units) This completes the site build -out. (One C.O. issued) Note: front entry (decel lane, trees, pavers, walks) will be delayed until the N. Atlantic Ave. widening project is underway. • Puerto Del Rio — (At W. Central and Thurm Blvd.) (16 units) (One C.O. issued) 10/9/06 Building Department Quarterly Report July - September 2006 pg. 5 Permittine Statistics: (185) Permits were issued with a total construction valuation of $2,086,033.68. Total valuation of construction for calendar year: $12,011,979.96. The department assessed $28,279.31 in permitting fees and $135,922.98 in sewer impact fees; for a total of $164,202.29. (180) Permits were finaled. (8) Residential Certificates of Occupancy were issued for 58 residential units. (1) Commercial Certificate of Occupancy was issued for a 150 -room hotel. (660) Inspections were performed. Construction Valuation Annually $140,000,000 $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 (2006 includes through this quarter) typo~ o`l'tioo`htiolb* tioc� ryole, 10/9/06 Building Department Quarterly Report July - September 2006 pg. 6 Code Enforcement Activities Current Violations: (note: IPMC = international Property Maintenance Code, 1997) Code Section and Title _ Otv. Percentase 14-51 Minimize Artificial Light During Turtle Hatchings 1 1.7% 30-30 Prohibited Uses & Structures 1 1.7% 34-96 Standards Established 2 3.4% 34-97 Duties and Responsibilities 1 1.7% 34-98 Building Appearance and Maintenance 1 1.7% 34-122 Public Nuisance Prohibited 1 1.7% 34-153 Enumeration of Prohibited Noise 1 1.7% 34-181 Storing, Parking or Leaving on Private Property 1 1.7% 70-69 Occupational License Required 2 3.4% 70-71 Engaging in Business without paying Tax 2 3.4% 80-3 Licenses and Fees to be in Addition to Other Taxes4 6.8% 80-26 Required; Certificate of Public Convenience 4 6.8% 82-12 Unsafe Buildings or Systems 1 1.7% 82-116 Adoption of the National Electric Code 1 1.7% 90-194 Failure to Maintain -Storm Water 1 1.7% 102-39 Permits -Vegetation 1 1.7% 102-43 Tree Replacement 1 1.7% 104/105 Florida Building Code -Permits & Inspections 18 32.0% 108-1 IMPC Unsafe Structures and Equipment 1 1.7% 110-295 Public Nuisances Prohibited 1 1.7% 110-293 Accessory Uses and Structures 1 1.7% 110-315 Prohibited Uses and Structures 1 1.7% 110-551 Recreational Vehicles 4 6.8% 110-551 Parking and Storage of Certain Vehicles 1 1.7% 302 IMPC Exterior Property Areas 2 3.4% 302.1 IMPC Sanitation 1 1.7% 303 IPMC Exterior Structure 1 1.7% 304 IPMC Structural Members 1 1.7% Total 58 100% 1019106 Building Department Quarterly Report July - September 2006 pg. 7 Code Enforcement Activities - continued District breakdown: (Brevard County breaks the City of Cape Canaveral into four districts. The following tables illustrate the current code enforcement differences among these districts) rrent Violations by District Qty. Percentaue ortheast Section 24 41.4 orthwest Section 4 6.9outhwest FeI4 Section 13 22.4outheast Section 17 29.3 58 100.00 Code Enforcement Activities summarized: Current cases: 58 "A Better Place requests completed: 13 Cases brought into compliance in field: 95 Total number of cases for the quarter: 166 Code Enforcement Board: The Code Enforcement Board held two meetings. Seven cases were presented. City Clerk's Office Human Resources and Risk Management Services Quarterly Report for October 2006 CITY CLERK'S OFFICE Information Management • E -Better Place — o Top requests submitted: Public Works, City Manager's Office and Code Enforcement. * 68 request closed this quarter * 12 remain open The public continues to use the City kiosk to seek community and government -related information. Legislative • Electronic Code supplements are posted to the Municipal Code web site with access through the City's web page. Positive feedback received from those who use the code book frequently. Paper Supplement will be distributed in October. • Assistant Clerk prepared Candidate packets and accepted Campaign Treasurer's Reports for the General Election. City Clerk performed the qualifying for two candidates: Shannon Roberts and T. Dexter Rogers. • Candidate -elect for City Council Shannon Roberts will complete the term for Jim Morgan as of November. The City Attorney plans to conduct a Public Official's Sunshine Seminar soon after installation as an informative session for the incoming Council member and a refresher for all incumbent Council. Records Mana ement: • Assistant Clerk updated the City's Records Management Manual. The Manual outlines the City's Records Management Program and the Clerk's Office will conduct training for the Department's Records Coordinators once it is completed. HUMAN RESOURCES & RISK MANAGEMENT SERVICES Separated Employees: Florence Hall — Public Works, Administration/ Senior Secretary Cathy Hardy — Public Works, Administration/ Administrative Assistant New Employees: Steven Cooper — Public Works, Water Reclamation/ Plant Operator Robin Smith — Public Works, Streets-Maintenance/Maintenance Worker Phillip Bissett — Public Works, Water Reclamation/ Plant Operator City Clerk/ Human Resource Office Quarterly Report, October 2006 Page 2 Position Vacancies: Administrative Assistant Plant Operator (1) — Public Works STAFF TRAINING: Avoidin the De -Motivation Cycle and Duties and Responsibilities of the Supervisor • Ms. Stills provided handouts and conducted review during Staff meeting as follow-up to an Employee Retention Workshop held by the Brevard Workforce Development Board on August 11tH • Ms. Stills provides all Department Heads and Line Supervisors with an E-mailed Supervisory training newsletter called "E -Tips." This newsletter is published by Dr. Stephen Foster, Ph.D.,SPHR, and a noted speaker at the annual Florida Public Personnel Association Conferences. The newsletters receive favorable responses from City management staff. • Ms. Stills prepared and published a Request for Proposal for Group Health Benefits for medical, dental and vision insurance coverage. The City received six responses for review by the committee of the City Manager, City Treasurer and the Cit Clerk. A recommendation was presented to City Council for their October 3' meeting. • Quarterly Risk Control Assessment performed: Eric Story, Central Florida Risk Control Representative with the Florida League provided assistance with the Open Trench training held at the City Hall Annex on September 27tH Planning done for the upcoming Safety meeting in October. PROFESSIONAL DEVELOPMENT • Ms. Haas attended the quarterly Safety Meeting in July representing Administration. • Ms. Stills attended the Florida Public Personnel Association Conference in July. o Conference topics included: "21st Century Leadership"; Conducting Thorough Investigations; Employment Law Updates; Dealing with Difficult Employees and Succession Planning. Ms. Stills has earned the necessary credentials to receive the Public Personnel Professional designation in July 2007. • Ms. Stills attended the Space Coast Public Personnel meeting in September. Jennifer Meyer of Brevard County spoke on Time Management and provided handouts_ Information will be shared during an upcoming staff meeting. CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 PARKS &RECREATION DEPARTMENT QUARTERLY REPORT JULY -SEPTEMBER 2006 Three of our five tennis courts were resurfaced in August; the remaining two are scheduled for resurfacing in October. The shuffleboard courts will also be resurfaced in October. The replacing of the tennis court fencing, which began the previous fiscal year, was completed in July. The racquetball court observation deck fencing was also replaced and the railing repaired and painted. Additional fencing was installed at Cape View Park. The first base dugout, which was destroyed in the hurricane two years ago, was replaced to accommodate the new co-ed softball league. The last day for lifeguard service this year was August 0� . The Youth Center resumed regular hours the day school resumed, August 9th. Average attendance per day: July 27, August 22 & September 22. Manatee Sanctuary Park was reserved in September for a Labor Day Picnic. Groups and families used, just did not reserve,the pavilion. Now that the weather is getting nice, we have been receiving inquiries and reservations. The Recreation Coordinator's events have been well received in the community. In July he continued the Summer Nights at the Park for the kids which began in June and also held a basketball clinic for youths (report attached). In August he started an adult 3 on 3 Basketball League and a 10 -week after school playground program for 3`d and 4th graders on Tuesdays and 5th and 6th graders on Wednesdays (report attached). The 3 on 3 Basketball League finished in September and he began a Mixed Doubles Tennis League. This league consists mostly of retirees. He also established an Adult Game Day on Thursdays, which started slow but is beginning to pick up. The Center is open for drop -ins to play whatever board and/or card games they choose. I expect to see the numbers increase when the winter visitors begin to arrive. UPCOMING SPECIAL EVENTS INCLUDE: Fall Festival @ Manatee Sanctuary Park on Saturday, October 10. Monster Mash Halloween Street Dance, Monday, October 30th. 31" Anniversary Racquetball Tournament, November 3', 4' and 5' . Community Health Fair (includes flu shots) Wednesday, November 8th Holiday Tree Lighting Program, Sunday, December 17th JULY PARTICIPATION NUMBERS Summer Nights at the Park: 713 — 2 (New hours for the Youth Center) 714 -- 0 (Holiday) 7/5-3 716 — 0 (Rain Out) 7/10-10 8 7/11-16 8 7/12-15 24 7/13-13 7/17-12 7/18-10 7/19-12 7/20-12 7124 -- 0 (Rain Out) 7/25-11 7/26-10 7/27-13 7131 — 9(gain at 7:15 TOTAL —148 Basketball Clinic: 7/10-7/13 8 7/17-7/20 8 7/24-7/27 8 TOTAL 24 Submitted Bv: Robert Lefever Date: 8/l/06 AUGUST PARTICIPATION NUMBERS 3 on 3 Basketball League: 8115 20 8117 18 8122 18 8124 Rain Out 8129 Rain Out 8131 20 TOTAL — 76 Cape View after School Activities: 8122 9 8123 14 8129 Rain Out 8130 Rain Out TOTAL 23 Submitted By: Robert Lefever Date: 915106 SEPTEMBER PARTICIPATION NUMBERS 3 on 3 Basketball League: 915 18 917 Rain Out 9/12 18 9/14 18 9119 Rain Out 9121 18 9/26 Rain Out 9128 15 TOTAL 87 Cane View after School Activities: 9/5 5 9/6 10 9112 6 9113 9 9119 5 9/20 10 9/26 Rain Out 9/27 9 TOTAL 54 Mixed Doubles Tennis League: 916 12 9/11 12 9113 12 9/18 12 9/20 12 9/25 12 9127 12 TOTAL 84 Thursdav Adult Games: 9/14 4 9/21 6 9/28 1 TOTAL 11 Submitted By: Robert Lefever Date: 1012106 TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: July, August and September 2006 DATE: October 3, 2006 PUBLIC WORKS ADMINISTRATION 1. Animal Control. This office processed 9 citizen requests for animal traps for the months of July, August & September 2006 and was notified that a total of 8 animals were trapped as follows: 2 Cats 4 Raccoons 2 Possum 2. Education/Training: Backhoe/Loader Operation training. One Safety Committee Meeting was held during this quarter. Retirement fund meeting held to inform all employees of the 3% matching. 3. New Hires and Job Vacancy: Robin Smith - Maintenance Worker/Utilities Steven Cooper -- Wastewater Treatment Plant Operator Wastewater Treatment Plant Operator ( 1) vacancy Senior Secretary Administrative Assistant TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: July, August & September 2006 DATE: October 3, 2006 RECLAIMED WATER Plant Production: July Aug. Sept. Wastewater Treated: 35.0 MG 31.0 MG 31.85 MG Storage Tank: 2.06MG 7.83MG *5.22MG Reuse Cape Canaveral 25.95 MG 33.927 MG 31.16 MG Reuse Cocoa Beach 6.24 MG 3.5 MG 2.3 MG Port Canaveral .5 MG 1.0 MG 1.9 MG Total Reuse: 32.69 MG 38.427 MG 35.36 MG River Discharge: 4.67 MG 1.6 MG 4.21 MG Rainfall: 5.04 inches 4.9 inches 4.47 inches Reclaimed Customers: 0 0 0 * Water from Reuse storage tank that is added to total reuse used. Waste Water Treatment Plant - Capital Improvements Quarter 97.55 MG 15.11 MG 87.037 MG 12.04 MG 3.2 MG 106.477 MG 10.18 MG 14.41 inches 0 1. The Waste Water Treatment Facility Maintenance Schedule. Brown and Caldwell was awarded the study to review the Waste Water Treatment Facility's equipment to establish a replacement schedule. Final report completed and presented to City Council. 2. Sewer Force Main Replacement. Brown and Caldwell Engineering are to update the Bid documents for the Force Main from Lift Station # 1 to entail unit prices. The project will be re -bid FY 06-07. 3. Equipment and Maintenance Building. Brown & Caldwell has completed the site plans for Maintenance Building. The Planning and Zoning Board approved the site plan. City Council awarded Bid 06-05 on August 15`" in the amount of $507,777. 0 Page 1 4. I & I Program. This years I&I program was completed by Miller Pipeline Corp. The improvements to the system, as followed 1.) Slip lined 2,338 liner ft. of 8" pipe .2.) Sealed 10 manholes on 3A line. 3) Cleaned and inspected 1313 ft. of laterals. 4) Cleaned 23501f. 24" pipe. 5. Lift Station 5 Renovations. J & H Contractors is scheduled to begin renovations of Lift Station 5, located at Treasure Island will start date is 5-6 weeks. The necessary equipment has been received. 6. Easement Agreements. Staff has mailed out 23 Easement request and Vacations for Phase I and Phase 3 of the Harbor Heights Subdivision. Capital Purchase Item Status I. Vehicle Replacement Completed 2. Backhoe Replacement Completed 3. Rebuild WWTP Bar Screen Completed 4. Security Cameras On hold 5. Spectrophoto Meter Completed 6. Belt Press Touch Screen Pending budget 7. Inflow Meter Completed 8. Covert SO2 to Bisulfate System Awaiting quotes 9. Transducer, level Completed 10. Turbidity Meter Completed 11. Replacement Plant Motors As needed Ongoing 12. Chart Recorders Completed 13. Office Furniture Completed 14. Sludge Blower Completed 15. Re -Aeration Blowers Completed 0 Page 2 TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director SUBJECT: Quarterly Report: July, August & September 2006 DATE: October 3, 2006 STORMWATER 1. Maintenance. City staff routinely removes floatable items and performs inspections of all baffle boxes (6) after heavy rainstorms or an accumulation of 1" of rain within 24 hours. Extensive cleaning of the two oldest baffle boxes (International Drive and West Central Boulevard) with vacuum trucks has been budgeted for FY2006-2007. 2. Construction Site Inspections. Construction site inspections are completed at the commencement of land clearing and after every rainfall event. Inspection of all new construction sites for state mandated regulations in regards to erosion and sediment control is routinely performed. 3. Baffle Box Stormwater Grant. City staff is currently performing water quality monitoring of the three new baffle boxes (Holman Avenue, Center Street, and West Central Boulevard) installed in the 4th quarter of FY2004-2005. 4. FEMA Grant. The City previously submitted a grant application through the FEMA Hazard Mitigation Grant Program. If awarded, the grant funds will be used for drainage improvements to the Buchanan/Orange Avenue intersection. Revisions to the grant application were submitted in December 2005 - the City is requesting funding of approximately $143,000. 5. CDBG Grant. The City was previously awarded a Community Development Block Grant (CDBG) in the amount of $100,000 for drainage improvements to the Buchanan/Orange Avenue intersection. Funds should be available in the 2nd quarter of FY2006-2007. 6. North Central Ditch Project. The City was awarded a Section 319(h) grant from the FDEP ($314,770) and a Stormwater Cost -Sharing grant from the SJRWMD ($75,000) for stormwater improvements for the northern portion of the Central Ditch. SSA has completed the survey and is currently preparing engineering drawings — easement agreements have also been forwarded to five property owners. 7. South Central Ditch Project. The City was awarded a Section 319(h) grant ($286,000) from the FDEP for stormwater improvements to the southern portion of the Central Ditch. A SJRWMD grant application was submitted in June for FY2006-2007 — requesting $115,000. 8. Monitoring. Water quality monitoring continues at the City's baffle boxes (6). 9. NPDES Permit. The City's NPDES Year 3 Annual Report (stormwater permit) is due by December 29, 2006. 10. Stormwater Inventory. City staff has completed the stormwater system inventory as required by the NPDES permit. The project included the development of an in-house geographic information system (GIS), which will be available to other departments in the near future. 11. Utilities. City staff is now marking all stormwater structures at construction sites as required. 12. Mangroves Planting Grant. A grant was awarded by the SJRWMD in September 2006 to plant mangroves along the Banana River as a citizen volunteer project. The project is tentatively scheduled for November 4. 13. Concrete Construction Contractor. City staff is working with the new concrete contractor to repair/replace stormwater basins located throughout the City. 14. Basin Cleanouts. City staff (inmates) has cleaned debris from over 80 stormwater basins — other basins will be cleaned as necessary. 15. Manatee Park Drainage Project. City staff is currently preparing to install equipment at the park to eliminate flooding after heavy rainfall events. 16. Turtle Lighting — Pollution Reduction Project. FPL has completed the turtle lighting project which was initiated in May 2006 — FPL has performed all retrofitting of beachside street lighting as required - the final project report is in preparation. 17. Estuary Grant Application. A grant application was submitted in August 2006 for funds to remove pepper trees from the City property located on Long Pond Road. TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: July, August & September 2006 DATE: October 3, 2006 STREETS AND BEAUTIFICATION 1. N. Atlantic and Central Blvd Turn Lane. Staff is working with the County in regards to the design and construction of the left turn lane on Atlantic to Central Blvd. Brevard County has contracted the engineering design task. The project preliminary design is complete. A meeting was held with the Engineering Firm (DRMP) and the County on July l9th 2006 at 11:30 to resolve SJRWMD stormwater issues. 2. Decorative lighting. City Council approved the installation of decorative street lighting along the front of the Recreation Complex and the Library. FPL has not been responsive; hence staff is reviewing the decorative lighting to be utilized along Ridgewood Ave. Recommend that the City in keeping the same street lighting design decor throughout the City. 3. Sidewalks Projects. Mudrak Engineering completed the sidewalk construction project along Magnolia Avenue. 4. Center Street. APAC-Florida Inc recently completed the paving of Center Street. The Public Works Dept. is presently obtaining quotes for road stripping to be competed next fiscal year. 5. Ridgewood Ave. Green Blades Landscaping and Brad Smith Associates are working on concept designs for Ridgewood Avenue area along the Presidents Streets. A City Council presentation was made on August 15, 2006. On September 5`h Council approved the firm to commence 30% design. SSA has completed the engineering survey of the right-of-way. Turtle Friendly Lighting. The City was awarded a grant in the amount of $8,920 from the Turtle License Plate fund to retrofit the streetlights to prevent light spillover onto the turtle nesting areas. Work is has been completed. Staff will conduct an inspection of the work. 7. AlA Construction. FDOT has bid the repaving of AIA and constructing sidewalks. Work is to commence this October 16`h 2006. Kim Navarro is the FDOT Project Manger. Staff attended the pre -construction meeting on September 20th. 8. Mangrove Planting Grant. The City was awarded a mangrove planting grant from the SJRWMD. Mangroves will be planted as part of a citizen volunteer project along the Banana River shoreline at Manatee Park, Banana River Park, and the Public Works facility. ��lfr. FV t1� er,e� Period # WO's The prison crew contributed $11,182.75 in labor to the City of Cape Canaveral this quarter. FY O$ ----- Oct 05 - Sep 06) 484 Jul - Sep 06 104 Outstanding—Still Open 40 #WO's Labor Hours Labor Cost Equipment Cost Total Cost Annual Cost to Date -----Oct 05 - Sep 06 484 31,332.41 272,940.87 105,497.86 378,438.73 This Qtr ----- Jul 06h - Sep 06 104 7,253.72 52,450.72 46,570.57 99,021.29 Alst i�' ��� ��-- s iy.Yc_ _ - 'Y$ a� 'S,. ,;a$F ._; .-� c . ...''"r., ,, „s^ ::.:.... r .>.;'?,Y„ ....>L;" ,. �.M -��. - .�„"`'; Aq_ "' � ".�"^ k - ce - -A ^��e �Y •. ,tt R t55v; 'm3-; Recurring Work Orders (Open ea Qtr onl #WO's Labor Hours Labor Cost Equipment Cost Total Cost 44 6,926.72 49,626.59 43,815.22 93,441.81 Completed Works Orders (This Qtr)���k� does not include recurrin WIOs Period # WO's Complete Labor Hours Labor Cost Equipment Cost Total Cost 55 317.00 2,824.13 2,755.35 5,579.48 Breakdown by Division of Completed�� WO's does not include recurrin_q W/Os Who # WO's Complete Labor Hours Labor Cost Equipment Cost Total Cost Collections/Sewer Collection 2 5.5 36.73 9.95 46.68 Public Works 1 2.0 22.33 16.50 38.83 Stormwater 1 0.0 0.00 0.00 0.00 Reclaimed Water 3 13.0 177.63 79.60 257.23 Lab 5 22.5 313.26 0.00 313.26 Streets 43 274.0 2,274.18 2,649.30 4,923.48 Totals ------------- 55 317.00 2,824.13 2,755.35 5,579.48 Employees Lab Streets Plant Operators/ Water Reclamation Collections Sewer Public Works Positions -----31 3 8 8 6 6 Vacancies 0 0 1 0 2 Pending Easements Events Mailed To Be Mailed Returned & Signed TOTAL 23 0 0 12 23 Training - Events During Qtr Training Events Education Hours CEU's 28 212 0 N1 110, EStIDRequests Tickets Ticket Labor Hours Labor Cost Received Locates 131 196 114.5 1 1660.87 1 1660.87 Selected Ouarteriv Work Orders (bv AREA Labor Hrs Labor Cost Equip Hrs Equip Cost Total Cost Banana River Park 135.73 1,128.95 73.23 1,481.18 2,610.13 Canaveral Beaches 11040.50 4,729.38 268.00 3,364.73 8,094.11 Canaveral City Ball Park 303.63 2,335.99 146.63 2,940.14 5,276.13 Cape View Elementary Playground 72.40 958.50 31.80 503.32 1,461.82 City Hall 105.75 1,491.17 93.25 2,410.90 3,902.07 City Hall, Annex 44.00 609.19 24.50 483.60 1,092.79 Community Service Help, Directed 178.00 1,094.70 0.00 0.00 1,094.70 Inspection, Public Facility 6.00 65.13 2.00 39.80 104.93 Library 18.50 241.98 13.00 296.05 538.03 Lift Station Maintenance 53.00 733.42 33.05 656.29 1,389.71 Maintenance, ROW 1,651.00 11,300.07 672.50 13,148.47 24,448.54 Manatee Park 209.38 1,723.95 106.38 1,994.76 3,718.71 Median Maintenance 23.50 277.88 12.00 223.57 501.45 Mowing, Quarterly 0.00 0.00 0.00 0.00 0.00 One Stop Research 2.00 28.54 1.00 19.90 48.44 Park Recreation 180.75 1,975.53 84.25 1,459.53 3,435.06 Park, Center Street 11.30 131.85 6.80 108.19 240.04 Park, Washin ton/Bennix 152.50 742.05 39.50 567.82 1,309.87 Park, Youth Center 91.75 1,063.92 72.75 1,424.01 2,487.93 Patriot Park 83.13 470.92 26.13 596.94 1,067.86 Public Works 153.00 2,159.10 150.00 3,038.70 5,197.80 Reclaimed Water Repair 4.00 57.08 2.00 39.80 96.88 Reuse Installation 5.00 71.35 2.50 49.75 121.10 Reuse Locates 61.30 874.28 31.80 632.80 1,507.08 Reuse Maintenance 35.80 501.83 19.15 380.78 882.61 Sewer Lateral Locate 9.50 134.78 6.50 129.35 264.13 Sewer Lateral/CleanfrV/Repair 33-00 448.02 19.00 384.80 832.82 Sewer Locates 52.15 747.47 28.15 560.18 1,307.65 Sewer Tap Inspection 7.00 106.43 4.50 89.55 195.98 Sheriff, Canaveral Precinct 3.50 54.36 1.00 19.90 74.26 Sidewalk and Driveway Insp 3.50 106.97 3.00 59.70 166.67 Special Events 1,277.00 3,748.78 155.00 3,115.80 6,864.58 Stormwater Locates 3.60 67.66 3.05 60.65 128.31 Stormwater Maintenance 131.00 370.73 8.00 159.20 529.93 Street Department 703.60 7,975.79 128.00 2,449.81 10,425.60 Training 43.50 550.51 24.50 475.65 1,026.16 Tree/LandscapingTree/Landscaping Inspections 1.00 15.13 1.00 28.00 43.13 Veteran's Park 43.00 489.45 23.50 421.60 911.05 TOTALS 6,933.271 49,582,841 2,317.421 43,815.22 93,398.06 ti CD m C Cl 3 CO 65 U 05 O N CD CD w U LL a f0 m C 0 CL R O CS C N � m o a w co C d to N N�oNN o a c N - <C N � w O` O a O N ad - �, �m� -o C aI1O O U' C c CM LU a) O� a C U C N '(O c Q m .— O � N Of O w m U v a o N C3 d - N '0 wCL V F }3 a7 p u AD 4- N o L O CL R +. E a U- o a Q E N N�oNN O U a c N - a� G7 O C � w O` O Co c Z C LL � p C' a) O� a C U C N '(O c Q m .— O � •C �' _ OL) rn O a o N C3 d - N '0 wCL in O }3 a7 u AD 4- N o L O o C? ? IL O _ E V a` U- F- M `' o w on 7 p co p rn amiT U -'U-- y E `° o_ 3 C L C l9 a1 O O y LLL- aL C c C) E 7 Vl o m f/] 'y C 0 UN N -0 N _ .... ami cu o m -_ 0 c E as a 7 G Q Q d E d C aEi LT- m O U Q UU 0 L cn d L mm a� "' Q C N T O C O .x p O O U c aL c as m OL o o E o Q O _ m U d a d y No. p c t N d O O } 3= d �p .� Cl) ca O G d c dy Q d }., En 0 O. y CD -O O NQ WC l6 C w U p0) U SO N C co L � C (O y P1 E 12 C L LL !] 7 J 40 N qyj U A3 cn U¢QU Iid U • • • • • • • • • • uo wy cn Q in a :: 0 LO 0 L c ti O c 0)3 c Ln — wO — C m y p� O O C .p. O U c U a� O Q d m Q U o U cQ o `m o_ o C O0 -0 N W Ip LU un s m o m o 0 Y (V Cl p O c6 - c o CD w c m .� Z N a[1 M 'n C p U C N N N C N Q1 IL E C ca Qy N y a w O @ in U- C7 E-iOf fn O N p M N o o o 0 a Z c o o 0 LO CJD Q o 0 O fu a �D •1 z V' Q i0 Y1 Q CL O` x Z w 00 0 0 0 Q 0 0 } aO N Z N Cl) O C7 c� r1 ch co CL R WASTE MANAGEMENT, INC. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave, Cape Canaveral, Florida 32920 October 10, 2006 Re: Third Quarter 2006 Report Dear Mr. Boucher: Waste Management provided a total of 27 garbage collections, 13 green waste and 13 recycle collections to the single-family residents. This equates to approximately 151,788 collections. In addition, service was provided to approximately 6700 multi -family units, 56 commercial can customers, 11 l commercial customers and 9 permanent rolloff accounts. A total of 60 documented concerns were received by the City during this time period and the breakdown is as follows: 29 garbage complaints, 10 recycle complaints, 15 green waste and 6 general /dumpster complaints. If you have any questions or need further information, please feel free to contact me. Sincerely, Terrence Youmans District Manager