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Home My WebLink AboutPacket 04-04-2006 Regulararr oP CAPE CANAVERAL City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY April 4, 2006 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: BOARD INTERVIEWS: Darrell Peterson, Business & Cultural Dev. Board Gene Vlahovic, Business & Cultural Dev. Board Edward Ciecirski, Code Enforcement Board CONSENT AGENDA: 1. City Council Regular Meeting Minutes of March 21, 2006. 2. Proclamation for Small Business Week. CONSIDERATIONS: 3. Motion to Approve: Award RFP No. 06-01, Continuing Concrete Construction Services to Mudrak Engineering and Construction Company. 4. Motion to Approve: Purchase of a Fiberglass Manatee for Our Sister City of Vila Do Bispo, Portugal. 5. Motion to Approve: Proposal to Conduct a Business Survey in an Amount Not to Exceed $15,000 by University of Central Florida. RESOLUTIONS: 6. Motion to Adopt: Resolution No. 2006-11; Supporting the Florida Department of Elder Affairs' Communities for a Lifetime. 7. Motion to Adopt: Resolution No. 2006-12; Establishing an Audit Committee. 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 April 4, 2006 Page 2 of 2 8. Motion to Adopt: Resolution No. 2006-13; Establishing a Deferred Compensation Plan. DISCUSSION: 9. Ballot Question Amending the City Charter, Article III, Section 1, Elected Officers, Qualifications and Terms. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. M of Cape Canaveral �� rJ CAPt CANAVE?AL Memo To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Ed Lawson, Secretary, Business and Cultural Development Board Date: 3/28/2006 Re: Request for Board Member Interviews The Business and Cultural Development Board has interviewed Mr. Darrell Peterson and Mr. Gene Vlahovic as prospective 1st and 2 Alternates respectively to the Business and Cultural Development Board. The board recommends that City Council appoint the applicants as alternate members to the Business and Cultural Development board at the April 4, 2006 City Council Meeting. Respectfully, Ed Lawson Secretary, Business and Cultural Development Board Attachments Board Applications 1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 * www. myflorida.com/cape A1-I-Yrnccte ileizEf-is e�G CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: 2. Home Address: 3. Home Telephone: 4. Occupation: r7,4 A f(2 5. Business Telephone: 6. Business Address: nL - 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. Are you duly registered to vote in Brevard County? (m_UL(N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (1) ✓ (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 purposes of this question. 3b 4a If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? 4b. If yes to 4a, please list each: m (N) ✓ (Y)_ (N) ✓ 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 consent to having a standard background check performed on you by the City of Cape Canaveral? 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? initials (Y) (N) ✓ &jP 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: _ � �. -� w- a < f c � i...... G r� w•- w- ,-ti--.. � ti G.,-�,c-, t �2 S 2_ Briefly state any prior experiences in serving on any governmental board or committee: A w.z_ 3. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee: n n 4. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. b. 9 h. �2- i. j Beautification Board Board of Adjustment* Business and Cultural Development Board Code Enforcement Board* Community Appearance Board* Construction Board of Adjustment and Appeals* Library Board Planning and Zoning Board* Recreation Board Other. *Members of these boards ars required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabifities 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 s,L 4n 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 Expires: ;APE CANAVERAL rO CITY ADVISORY BOARD OR COMMITTEE 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL / 1. Applicant Name: Gpat4e- 2. Home Address: 4�3 00 YU A4 4 %�1Z� �. M c�/2 2 / /'S/ -a" d F'4 3Z9� 3. Home Telephone: 4. Occupation: leo' /DA0 T/ 7W e h o'4oc22 5. Business Telephone: L%6 �— 2 202- 6. Business Address: /0 2 (2- Q�2 .CeLe I7 a vepaaz � L i 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? (Y) 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 purposes of this question. 3A 4a. 4b. If yes to 3a, have your civil rights been restored? Do you presently serve on any other City of Cape Canaveral advisory board or committee? If yes to 4a, please list each: (Y)(N) N O 7-c-1:' /O Z C06" r" -4ial� o /acJ a ya i �- /0/ / i S 74& AZ e_q/ 2-71C>'ei D,q 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 ini s consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) 6a. Are you related to a City of Cape Canaveral Council member by blood, adoption or marriage? (Y)(N) 6b. If yes to 6a, please provide name(s) of person(s) and relationship to you: C. INTERESTSIEXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: �kSirnP_�S OW7ie12 o.4--- /Rr 2. 3 'r.rSCO'YJ /�V FO /C4 2U2 r `�/Z✓ o &--AZ2. Briefly state any prior experiences in serving on any vvwul I 1111V" C31 board or committee: ,v6>r1e- 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. Z 1-� Recreation Board j. Other: *Members of these boards are required to complete and file with the Supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. D. STATE REPORTING REQUIREMENTS. Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender and physical disabilities of board and committee members. Please check the appropriate boxes: RACE GENDER— African-American Male Asian -American Female Hispanic -American Not Known Native American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTIES OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-.326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Initial appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from the date of completion. • If you should havs uestions regarding the completion of this application, please ' contact the ClerfKce 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 Expires: City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Dame, Code Enforcement Board Secretary Re: Recommendation to the City Council Regarding Perspective Code Enforcement Board Member, Edward Ciecirski. On March 23, 2006, The Code Enforcement Board interviewed Edward Ciecirski and recommended that City Council appoint the applicant as a first alternate member to the Code Enforcement Board. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-122.2 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com d �J l t? �u n c� s vo V � v o it ; F�;, t `3 @ `1 flu io2 d QOc1 $v n v W O a � i901� c CL CL tv�$ a d- N 6 4 6i;6 d �J l t? �u � �?�90 =N WdIZ�Z 9t�saZ � upi. too � 2°az 3N D N } L�x La0 wgri V m dQW y1,->.iFx„ �' a E U- z IL mg �wU LL. on 01,5 (7 I ( I aWO w mO7 U UmaO Q N O ° t¢p t N_ o N & Uo= �� s °a � �m �s~ �a9a I €E� �.so gooAl Q°P W �c E A CL ti ce j Ig's. wNzwlu Lu F fid= m S $ J wtuYjUaj� Wvb� 'v tyo tip O FS' W 32 CL � U W ¢ z z C) z �qt- my�p w C-0. s ~ 02 m y m > O w W O w H n w 7 F- = LL pZ tWi� .- �$ 2 rnLL a m52 3pNq o 0- N AdtZZ r " l , J.! %. -1 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY March 21, 2006 7:00 PM MINUTES CALL TO ORDER: The Chair called the meeting to order at 7:03 P.M. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Council Member Mayor Others Present: City Manager City Attorney City Clerk City Treasurer Building Official Public Works Director CONSENT AGENDA: Bob Hoog Jim Morgan Leo Nicholas Buzz Petsos Rocky Randels Bennett Boucher Anthony Garganese Susan Stills Andrea Bowers Todd Morley Ed Gardulski 1. City Council Regular Meeting Minutes of March 7, 2006. 2. Proclamation for National Fair Housing Month. 3. Resolution No. 2006-10; Appointing a Regular Member to the Business & Cultural Development Board (S. Roberts). 4. Cooperative Purchase of Playground Equipment for Cape View Park in the Amount of $26,917.26. Mayor Randels asked if any Council member, staff or interested party desired to remove any of the Consent Agenda items for discussion. City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 2 of 10 No request was made to remove any of the items for discussion. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Items 1 through 4. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. CONSIDERATIONS: 5. Motion to Approve: Approval of the Annual Audit for the Year Ending September 30, 2005. Ms. Yvonne Clayborne and Ms. Jennifer Kheswar of Bray, Beck and Koetter presented the Independent Auditors' Report for the year ending September 30, 2005. The Comprehensive Annual Financial Report [CAFR] provides for the main audit report and is conducted in accordance with Generally Accepted Auditing Standards and Government Auditing Standards. Ms. Clayborne read the audit opinion and noted no instances of non- compliance with laws, regulations, contracts, or grants and no material weaknesses of internal control. The firm recommended that the City establish specific guidelines for maintenance of a reserve. Ms. Clayborne stated that Capital Assets should be audited annually. The firm recommended a self -audit inventory process in which the Finance Officer physically performs a physical inventory check to ensure that the detailed listing matches the financial records. She commended the Building Department to amend the previous year's comments on the Building Permit process. Ms. Clayborne reported that the City's financial highlights as: above the benchmark for the Unreserved Fund Balance, declining in long term debt, less than one percent for Governmental Fund Debt Service, a reduction in millage. Ms. Clayborne reported that growth and building permits were now actualized in property tax revenues. Ms. Clayborne reported that Intergovernmental Revenues increased due to FEMA disaster relief funding. She explained that, historically, this year's Sewer Revenue Fund is at a breakeven point. Ms. Clayborne commented on the efficiency of the audit process. Mr. Petsos questioned the finding in the Reserve Funds. Ms. Bowers explained that set aside funds were not legally binding and would not become so with the Reserve Policy. She stated Escrows Accounts are a legal venue. Ms. Bowers explained that need for established set aside amounts for designated purposes. Mr. Morgan referred to Page 83 and questioned the reason of an audit of physical inventory. Ms. Bowers explained that it would more accurately track property transfers. Mr. Morgan questioned the statement that the City's Charter does not state a legal debt margin; therefore, a table depicting such has been omitted. Ms. Clayborne stated that the City's Charter does not legally restrict the City to a certain level of debt. For the purpose of the Certification Program, it is a required statistical table if it exists in a City's Charter. Mr. Frank Kuhn noted that the graph for Public Safety combined both Fire and Police. Ms. Bowers welcomed Mr. Kuhn to contact her office or to visit the City web site for an City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 3 of 10 outline of separated departmental budgets. Ms. Clayborne informed that the CAFR was available electronically and would be sent to the City's web site. Mayor Randels explained that City growth subsequently allowed for a lower millage rate. He reported that the City has two new parks: the Banana River and the Manatee Sanctuary Parks. The City has an Interlocal Agreement with the Brevard County School System for an after-school use park at Capeview Elementary School. The Building Department records were upgraded to a digital format. Mayor Randels noted the Baffle Box installations and announced the City as first in stormwater treatment in the State. Mr. Nicholas referenced a zero income in Fines and Forfeitures and inquired about the funds from citations. Ms. Bowers explained that in July 2004 the State determined that Counties would no longer fund the Court systems. Therefore, the State derives fees from the Fines and Forfeitures revenues in order to fund the Court system. Mr. Nicholas expressed his concern for the municipalities in funding a State regulated system. Mr. Petsos informed that the Florida League of Cities has been active in opposing such legislation. Mr. Frank Kuhn reported that when a Canaveral Precinct officer writes a citation outside of City limits, the funds are not directed to the City. He suggested a decal that would designate the Cape Canaveral Precinct vehicles. A motion was made by Mr. Morgan and seconded by Mr. Petsos to Approve the Annual Audit for the Year Ending September 30, 2005. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. SITE PLANS: Mayor Randels requested that any person who intended to speak on the item provide their name and address for the record. 6. Motion to Approve: Request to Remove Two (2) Specimen Trees, Sea Shell Cay Townhomes, Sea Shell Lane, Harbor Heights. Council Member Morgan disclosed that he filed a Conflict of Interest with the City Clerk due to financial interest and would not vote on the item. Mayor Randels stated that Council's task was to hear input and to provide a decision based on the evidence presented. Mr. Morgan, Jr. stated that the Council also asked to hear from the expert Arborists. He stated that his interpretation did not find the two trees as specimen trees. Mr. Morgan, Jr. contacted the City Manager and noted that the City's arborist, Timothy Davis, did not complete his hazard abatement form. Mayor Randels explained that two arborists, one independent and one from City staff, prepared tree hazard evaluation forms. A calculated point system of low, medium, high or severe summarized the points for a total hazard rating. Mr. Petsos stated that both, the Certified Independent Arborist and City staff Arborist, evaluation reports indicated that the trees are diseased. Mr. Morgan, Jr. informed that he City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 4 of 10 planned to provide mitigation with healthy trees. The City Arborist stated that if the lot were left alone, the T-1 tree, the larger tree would continue to grow although it had a major cavity. He stated the multi -trunk oak the T-2 is not structurally sound. Mr. Davis stated that the T-1 tree would be stressed by additional construction. Mr. Morgan, Jr. informed that the boring showed three inches of quality wood but fibrous throughout the rest. Mr. Davis restated that the tree could continue to live without construction around it. Mr. Petsos asked about pruning. Mr. Morgan, Jr. replied that he asked the Independent Arborist about pruning the damaged portion; however, pruning was not possible. Mayor Pro Tem Hoog summarized that the hazard ratings were completed. He said that Mr. Morgan, Jr. submitted all the requested information and the Arborists evidence supports that the trees are diseased. He concluded that his questions have been answered. Mayor Randels read the City code regarding specimen trees. Mayor Pro Tem Hoog clarified the ordinance requires that only one of the criteria be met to disallow the tree as a specimen tree. Attorney Kate LaTorre clarified that the ordinance reads: undesirable, dead, diseased or trees that are structurally unsound and could not recover from pruning. If one of these criteria is present, then the tree would not be considered a specimen tree. Ms. Brandy Morish displayed photos of the trees in discussion. She noted substantial new growth on the tree. Ms. Morish agreed that if left alone, the tree would prosper. Mr. Joe Ross of 227 Coral Drive asked Mr. Davis for a percentage of diseased trees among specimen trees in the wild. Mr. Davis replied probably half of them, but it was rare not to find any decay. Mr. Ross then asked if the intent of the ordinance was for removal of any diseased tree. Mr. Petsos replied that the higher hazard rating was included with the indication of disease. Mr. Frank Kuhn stated that in the State of Virginia, foam injected into trees have saved them. Mr. Davis replied that the foam injection is no longer an accepted practice. Mr. Davis restated that the only method of saving the tree would be to leave it alone. Ms. Shannon Roberts of 307 Solana Shores Drive expressed concern that the Arborist indicated potential disease in many of the City's older trees and she hoped that this would not set a precedent for diseased tree removal. Attorney LaTorre clarified for the Council that each application would be addressed on a case-by-case basis. Mayor Randels read that the intent of this division was, "to encourage the protection of maximum amount of viable trees in this list and to this end it should be unlawful to destroy such trees." Mayor Pro Tem Hoog summarized that according to the ordinance, the trees could be removed and restated that the applicant met with the requirements. Mr. Craig Smith asked the City Arborist if the tree in discussion was one of the City's largest. Mr. Davis replied that there were many other large oaks throughout the City. Mr. Smith asked if the tree were in a dormancy stage. Mr. Davis replied that most oaks were in a growth stage at this time. Ms. Judy Lau of 211 Coral Drive referred to the large tree and noted that the City Arborist stated it would live further if left alone, however, construction would destroy the tree. She pointed out that if the large tree were left alone, it could live and, therefore, it is a specimen tree. Mr. Morgan, Jr. clarified that by definition the tree was not classified as a specimen tree. Ms. Morish reminded of the tree's new growth. Ms. Morish questioned the excavation under the tree. Mayor Randels clarified for the record that the Arborist removed the soil under the tree for testing purposes. City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 5 of 10 Mayor Pro Tem Hoog stated that Mr. Morgan, Jr. exceeded the ordinance's requirements and also presented Arborists testimony. He made a motion to have the Building Official issue a permit for removal of the trees. A motion was made by Mayor Pro Tem Hoog to Approve a Request to Remove Two (2) Trees, Sea Shell Cay Townhomes, Sea Shell Lane Harbor Heights. Motion failed for lack of a Second. Mr. Petsos clarified that the Council asked for the Arborists; therefore, Mr. Morgan, Jr. did not exceed the requirements. Mr. Petsos questioned the consequence of further litigation if the Council did not approve the tree removal. Attorney LaTorre recommended that the Council make a decision based on the weight of the evidence. Discussion followed on how construction would accelerate the tree's rate of decline. Mr. Sal Scotto, Cape Canaveral resident stated that discussion was about two diseased trees not specimen trees. He questioned why discussion was not focused on replacement trees. Discussion concluded that the trees were not specimen trees. Mayor Randels concluded that the trees in question were identified as diseased trees and were therefore not specimen trees. Attorney LaTorre stated that the applicant was not obligated to mitigate since the trees were not specimen trees. She recommended that the Council make a formal finding in its motion that the trees under discussion were not specimen trees. Finding of Fact: After considerable discussion and based on competent evidence presented by the Arborists, the two trees in question were not found as specimen trees as defined in the City Code of Ordinances Section 102.36, Definition, Specimen Trees. A motion was made by Mayor Randels and seconded by Mr. Petsos to Approve a Request to Remove Two (2) Trees, Sea Shell Cay Townhomes, Sea Shell Lane Harbor Heights. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 7. Motion to Approve: Sea Shell Cay Townhomes, James Morgan, Applicant. Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. Mayor Randels outlined the conditions met since the Planning and Zoning Board meeting for Site Plan approval of Sea Shell Cay Townhomes. Mr. Nicholas questioned a five-foot sidewalk and requested to retain two Bottle Brush trees on the south side of Harbor Drive. Mr. Todd Morley, Building Official, informed that the applicant was willing to meander the sidewalk to the extent possible. Mr. Nicholas would meet with the Building Official to further discuss retaining the trees. The Building Official replied to Ms. Morish that there is no requirement for a fence between residential units. City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 6 of 10 A motion was made by Mr. Petsos and seconded by Mayor Pro Tem Hoog to Approve Sea Shell Cay Townhomes, James Morgan, Applicant, for Four (4) Residential Units Located on Sea Shell Lane, Harbor Heights. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, Abstain; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 8. Motion to Approve: Development Agreement with Canaveral Bulk Storage, Inc. and Ambassador Services, Inc. Mayor Randels stated that the Attorneys for both Ambassador Services and the City drafted a Development Agreement for performance standards. Attorney LaTorre explained that because several parcels of land comprise the project, the Development Agreement also creates a Unity of Title for each owner. Mr. Petsos questioned the recording provision in Section 5A. Attorney LaTorre explained that the Agreement's execution established the Unity of Title for development purposes; therefore, the owner's could not sell the properties separately without Council's approval. She stated that Mr. May's Occupational Licensing issue was also remedied through the agreement. The Florida Department of Environmental Protection concerns and that of St. John's River Water Management Agreement sprinkling requirements were also remedied. Attorney LaTorre informed that the Agreement reserved the right to address noise and air control. She stated that the City nuisance standard would apply to excessive noise levels. Mr. Nicholas questioned the 24-hour operation with regard to truck ingress and egress. Attorney LaTorre stated that the trucks were permitted daytime operation of 7 A.M. to 7 P.M. She stated that the Agreement required Mr. May to repair and properly maintain the system to benefit the health, safety and welfare of Cape Canaveral residents within 10 -days of notice. A default provision in the Agreement would apply to any unfulfilled obligations. Mr. Randy May explained that he would work with Mr. Dick Biery to build garages and storage to create a 26 -foot industrial/ residential buffer. Otherwise, a standard wall that is aesthetic on the residential side would occur. Mr. Petsos referenced that the Development Agreement provided for one-year with a one-year extension to build the barrier. Attorney LaTorre clarified that the extension is for 90 -days. The Building Official replied that construction was within the industrial zoning requirements. Attorney LaTorre remarked on the unique circumstance of the project and the buffer that each would follow the distinct requirements for industrial or residential zoning. Attorney LaTorre informed that a Default Provision in the Development Agreement allowed legal remedies to the Applicant before proceeding to litigation. Mr. Petsos referred to Page 6(k) (2) providing for satisfaction in the buffer construction. Attorney LaTorre replied that the Agreement did not bind the applicant to the garage/ storage unit, but to construct a buffer. Attorney LaTorre explained that any sight and sound barrier required approval. She stated that the agreement did not bind the Applicant to build the planned structure, but to provide a buffer. Mayor Pro Tem Hoog questioned if the applicant were released from providing City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 7 of 10 an effective buffer. Discussion clarified that the City noise ordinance would provide relief. Attorney LaTorre stated that the Agreement's provision for Sovereign Immunity was amended to cap the threshold and reflect what is written in Florida Statutes 768.28. Ms. Shannon Roberts expressed concern with the number of trucks daily on George King Blvd. between 7 A.M. and 7 P.M. Mr. May replied 250 to 300 trucks daily. Ms. Roberts stressed the impact of traffic on a major artery for City residents. She also asked if North Atlantic Avenue was a possible exit area for the trucks. Mr. Nicholas asked if the Agreement could regulate the truck route. Attorney LaTorre reminded of the Constitutional Right to Travel. Mr. Craig Smith pointed out that City signage directs truck regulation. Mr. Morley questioned the subdivision of land to another owner for buffer construction. Attorney LaTorre replied that a further Development Agreement might be needed or approval of the Council for the subdivision of land. Mr. Donald Dunn questioned truck owners. Mr. May replied that the trucks were independently owned. A motion was made by Mayor Randels and seconded by Mr. Morgan to Approve the Development Agreement with Canaveral Bulk Storage, Inc. and Ambassador Services, Inc. The vote on the motion carried 4-1 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, Against; Mr. Petsos, For and Mayor Randels, For. 9. Motion to Approve: Canaveral Bulk Storage Site Plan, Randy May, Applicant. The Applicant requested to construct a conveyor belt system in the Industrial Zoning district adjacent to Port Canaveral. Mayor Randels stated that the item was tabled from the previous City Council Agendas of January 3 and February 21, 2006. The Planning and Zoning Board recommended a Unity of Title for the subdivided land and that the aggregate no longer encroach on adjacent sides and both of these were performed. The Building Official stated that all items were addressed. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Canaveral Bulk Storage Site Plan, Randy May, Applicant. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. ORDINANCES: Second Reading: 10. Motion to Adopt: Ordinance No. 01-2006; at Second Reading. Mayor Randels informed that Ordinance No. 01-2006 was duly noticed on March 1, 2006 and a Special Meeting was held on March 8, 2006 for First Public Hearing. The ordinance was published on March 14, 2006 for Second Public Hearing. Mayor Randels read Ordinance No. 01-2006 by title City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 8 of 10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, EXTENDING THE MORATORIUM ON ACCEPTING APPLICATIONS AND ISSUING SPECIAL EXCEPTIONS UNDER SECTION 110-334(10) OF THE CITY CODE REGARDING RESIDENTIAL USES WITHIN THE C-1 COMMERCIAL ZONING DISTRICT ONLY ALONG THE AIA HIGHWAY CORRIDOR FOR A PERIOD OF SIX (6) MONTHS; PROVIDING FOR THE BUSINESS AND CULTURAL DEVELOPMENT BOARD TO CONDUCT A SURVEY OF THE CITY'S RESIDENTS REGARDING WHAT KINDS OF BUSINESSES THE RESIDENTS DESIRE ALONG THE A1A HIGHWAY CORRIDOR; PROVIDING FOR THE PLANNING AND ZONING BOARD TO EVALUATE POTENTIAL PROBLEM AREAS ALONG THE AIA HIGHWAY CORRIDOR SHOULD SPECIAL EXCEPTIONS ALONG AIA BE PERMANENTLY DISCONTINUED; AUTHORIZING ONE SIXTY (60) DAY EXTENSION OF THE MORATORIUM TO THE EXTENT NECESSARY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE, Mr. Sal Scotto owner of a property behind 102 Columbia Avenue asked if his property was included in the ordinance. He explained that a future owner might prefer to change the property which is zoned commercial to residential. Mayor Randels explained that the City Council's intent of the moratorium was further research prior to allowing for Special Exceptions for residential in commercial areas. Mr. Todd Peetz, City Planner, affirmed that Mr. Scotto's property was included in the moratorium. Mr. Scotto explained that because of adjacent property zoning changes from commercial to residential, he anticipated the same. Mr. Morgan reminded that the study during the moratorium would provide assistance for Council's decision and he encouraged Mr. Scotto's input during the process. Ms. Shannon Roberts restated that the Business and Cultural Development Board recommended a Citywide moratorium in order to establish the City's developmental interests. Mayor Randels replied that, at this time, the ordinance was published for State Road A1A only. Mr. Scotto spoke on the type of businesses that the area could support. Mr. Morgan replied that the demographics dictate the type of business. A motion was made by Mr. Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 01-2006. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, 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 to extend the meeting to the conclusion of the Agenda. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. 11. Motion to Approve: Ordinance No. 02-2006; Amending Chapter 110, Zoning, Clarifying the Building Official's Duties; Clarifying the General Requirements for a Building Permit; Amending Building Permit Application Requirements, at Second Reading. City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 9 of 10 Mayor Randels stated that Ordinance No. 02-2006 was duly noticed on March 11, 2006. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Ordinance No. 02-2006 by title. The vote on the motion carried 5-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mr. Nicholas, For; Mr. Petsos, For and Mayor Randels, For. DISCUSSION: 12. Ballot Question Amending the City Charter, Article III, Section 1, Elected Officers, Qualifications and Terms. Mayor Randels read Article III, Section 1 of the City Charter. Mayor Pro Tem Hoog related feedback from some City residents to include Ethics in the City Charter. He discussed the matter with the City Manager and requested this as an Agenda item for a Resolution to establish a Referendum to preclude any person charged with an Ethics violation from holding office in the City. Discussion brought out that a former City Manager was fired for Ethics violations and now holds public office. Mayor Pro Tem Hoog requested to place the matter on the ballot as a Referendum to allow the voters to decide. Discussion concluded that the City Board members are not Officers. Mr. Boucher informed that Board Members are subject to a standard background check at the discretion of the City Council. Mr. Petsos pointed out that an Ethics violation is also created if a person fails to complete a Financial Disclosure Form in a timely manner. He asked if Mayor Pro Tem Hoog desired parameters for removal. Mayor Pro Tem Hoog replied that refusal to file was dissimilar from neglecting to file in a timely manner. Mr. Nicholas stated that a violation becomes one when heard by the Ethics Commission and that Commission also establishes penalty provisions. Mayor Randels questioned if this would create a double jeopardy for a violator who has already met the penalty provision. Mr. Nicholas stated that Mayor Pro Tem Hoog's intent appeared to disallow any person from seeking public office if they were convicted of an Ethics violation. Attorney LaTorre informed that a number of violations exist. Attorney LaTorre questioned if the Council's intent would apply to existing and future Public Officials. Council directed staff to provide further research. AUDIENCE TO BE HEARD: Mr. Bud Whitney of Canaveral Breakers Annex thanked the Mayor for his assistance over the years. Mr. Dave Barker of 8542 Canaveral Breakers Annex expressed concern with an unfinished building between Canaveral Breakers Annex and the Straw Hat Lounge. Mayor Randels related that the City Code previously had no provision for sunset of building permits. Mr. Barker expressed the need for a change to the previous ordinance. He informed that the property is unsightly, unkempt, attracts City of Cape Canaveral, Florida City Council Regular Meeting March 21, 2006 Page 10 of 10 transients and recently experienced a fire. Mr. Barker explained that after the fire, evidence of transient living quarters was found. Mr. Barker related that the female residents of Canaveral Breakers Annex were fearful of the transient population. He requested that the owner clear the property. Mayor Randels replied the owner planned to address the concern. • Ms. Beverly Wilson expressed concern that two residents did not wake up when the Fire Department arrived. She planned to contact the press if no action was taken. The Building Official replied that Code Enforcement addressed the issue. • Dr. Charles Pindziak addressed the Council and stated that someone from the Canaveral Breakers Annex played golf on the lot and was told to stop due to trespass and the person said that they would also go to the press as Ms. Wilson stated. He informed that the Canaveral Breakers Annex dumpsters as well as the driveway were encroaching into the adjacent property. Dr. Pindziak said that a fence would help the property, but would hinder those in Canaveral Breakers Annex. He stated that the transients were entering the property through Canaveral Breakers Annex. He stated that the lot was posted as No Trespassing. Dr. Pindziak expressed the difficulty in keeping people off vacant property. He stated that the owner was unaware of a fire for several weeks. Mr. Bud Hartnick informed that four years ago he photographed the property in an unkempt state and Dr. Pindziak removed some of the brush. Ms. Wilson stated that the dry vegetation on the property is a fire hazard which is against the City ordinance. Mayor Randels concluded that Code Enforcement would address the matter and he would address the fence and the dumpsters. Due to the lateness of the hour, no reports were forthcoming. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:50 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS i LAST NAME -FIRST AME -MIDDLE NAME �Lt3/L% NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE 1_ MAILIG ADDRESS ] L THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: 3 !fit/ C_&- 0�`%�' t� � CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY n COU N C O --' !� ) �"�n/ lll,,. 4 r„ NAME OF POLITICAL SUBDIVISION: DATE ON wHIC VOTE OCCURRED MY POSITION IS: ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including fie parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813- EFF. 1/2000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST --------hereby disclose that on —� 20 d g . (a)asure came or will come before my agency which (check one) to my special private gain or loss; 7i.ured inured to the special gain or loss of my business associate, ___ inured to the special gain or loss of my relative, __ ___ inured to the special gain or loss of_______________________________________________ --------, by ------------------ whom I am retained; or - - ___ inured to the special gain or loss of______________________________ ___-----__-, which ----------------------------- is the parent organization or subsidiary of a principal which has retained me. • (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: r S Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 112000 PAGE 2 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FI ST NAAdF— MIDDLE NAME �L 23E -A NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE ' *A5 c^ MAILING ADDRESS /3 /iryWLSV �,Jy v✓ THE BOARD, COUNCIL, COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY ❑COUNTY ZIOTHER LOCAL AGENCY POLITICAL SUBDIVISICN: MY POSITION IS: ELECTIE CITY �OUNTY /C 7 DATE CN WHICH VCTE OCCURRED O APPOINTNIE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A 'business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 112000 PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on ------- 2-1............ 200)l (7inured asure came or will come before my agency which (check one) to my special private gain or loss; -V'i inured to the special gain or loss of my business associate, ___ inured to the special gain or loss of my relative, ___ -------------------------------------------------------------- ___ inured to the special gain or loss of ------------------------------------------------ whom I am retained; or — ___ inured to the special gain or loss of ------------------------------ —---------- ------------------ ---------,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES 5112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 813 - EFF. 112000 PAGE WHEREAS, America's economy is the most prosperous in the world and the small business sector is one of its great strengths. During Small Business Week, we honor small business owners and workers, and we reaffirm our commitment to keeping America the best place in the world to do business; and WHEREAS, Our economy is strong and growing stronger. More Americans are working today than ever before. The unemployment rate is lower than the average rate of the 1970's, 1980's, and 1990's. Home ownership is at a record high. Family incomes are rising. Small businesses are at the heart of this growth, creating most new private -sector jobs in our economy and helping our citizens succeed; and WHEREAS, As small business owners and employees add to the vitality of our economy, they also inspire others to realize the full promise of our Nation. I join all Americans in celebrating the entrepreneurial spirit and hard work of our small business owners and employees. NOW, THEREFORE, 1, Rocky Randels, Mayor of the City of Cape Canaveral, Brevard County, Florida, do hereby proclaim April 9 through April 15, 2006, as SMALL BUSINESS WEEK In the City of Cape Canaveral, and call upon all the people of the United States to observe this week with appropriate ceremonies, activities, and programs that celebrate the achievements of small business owners and their employees and encourage and foster the development of new small businesses. A Proclamation for Small Business Week 2006 (template) America's economy is the most prosperous in the world and the small business sector is one of its great strengths. During Small Business Week, we honor small business owners and workers, and we reaffirm our commitment to keeping America the best place in the world to do business. Our economy is strong and growing stronger. More Americans are working today than ever before. The unemployment rate is lower than the average rate of the 1970's, 1980's, and 1990's. Homeownership is at a record high. Family incomes are rising. Small businesses are at the heart of this growth, creating most new private -sector jobs in our economy and helping our citizens succeed. (Insert appropriate talking points) As small business owners and employees add to the vitality of our economy, they also inspire others to realize the full promise of our Nation. I join all Americans in celebrating the entrepreneurial spirit and hard work of our small business owners and employees. NOW, THEREFORE, I, (insert local official name and title), by virtue of the authority vested in me by the Constitution and laws of (local entity), do hereby proclaim April 9 through April 15, 2006, as Small Business Week. I call upon all the people of the United States to observe this week with appropriate ceremonies, activities, and programs that celebrate the achievements of small business owners and their employees and encourage and foster the development of new small businesses. IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of April, in the year of our Lord two thousand six, and of the Independence of the United States of America the two hundred and twenty-ninth. (Insert local official name and title) yeti Bus' � F U.S. SMALL BUSINESS ADMINISTRATION 7 * WASHINGTON, D.C. 20416 OA o2 195KS. STIt DATE: February 23, 2006 TO: State and Local Officials FROM: Matt Pohl, Small Business Administration SUBJECT: Small Business Week 2006 In celebration of America's entrepreneurial spirit, the U.S. Small Business Administration will host Small Business Week 2006, in Washington, D.C., April 12- 13. The two-day conference will focus on small business accomplishments, showcasing those businesses recovering from disasters. Four major awards will be presented, culminating with the announcement of the National Small Business Person of the Year and a tribute to small businesses recovering from natural disasters. During Small Business Week 2006, more than 100 outstanding small business owners from around the country will be honored in our Nation's capital. Small business honorees reflect the full range of business products, services and innovations offered by America's entrepreneurs. We hope that state and local officials will join us in celebrating the accomplishments of small business owners in your city and state. Small businesses are what drive our nation's economy and it is important to recognize those whose achievements have had a positive impact on the local economy. Please join Hector V. Baretto, Administrator of the Small Business Administration in commemorating the tremendous work of our nation's entrepreneurs. Attached is a template designed to assist your office in proclaiming the week of April 9th - 15th as the nation's official Small Business Week. If you would like to join us in celebrating America's Small Businesses, please mail your individual proclamation to; Matt Pohl U.S. Small Business Administration Office of Intergovernmental Affairs 4093 rd Street, SW Washington, D.C. 20416 If you have any questions regarding Small Business Week, please call or email Matt Pohl at (202) 205-6923 or matt.pohl(&sba.Qov Meeting Type: Regular Meeting Date: 04-04-06 AGENDA Heading Considerations Item 3 No. Public works director's memo; draft contract AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AWARD RFP NO. 06-01, CONTINUING CONCRETE CONSTRUCTION SERVICES DEPT/DIVISION: PUBLIC WORKS/STREETS Requested Action: City Council consider the award of RFP No. 06-01, Continuing Concrete Construction Services, to Mudrak Engineering and Construction Company as recommended by the public works director. Summary Explanation & Background: See attached memo. Exhibits Attached: Public works director's memo; draft contract City Mana ice Department PUBLIC WORKS/STREETS cape-nt\kim\mydocuments\admin\council\meeting\2006\04-04-06\06-Ol.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: March 27, 2006 SUBJECT: City Council Agenda Item for April 4th, 2006 Contract Award to Mudrank Engineering & Construction Company RFP No. 06-01 Continuing Miscellaneous Concrete Construction Services The City of Cape Canaveral (City) advertised for Continuing Miscellaneous Concrete Construction Services. Request for Proposal (RFP No. 06-01) was published in the Florida Today on January 8 and the Orlando Sentinel on January 10, 2006. Qualified firms that were knowledgeable, competent, and experienced in performing miscellaneous concrete construction services were invited to submit a technical proposal; a copy of this advertisement was faxed to five (5) general contracting firms. In addition, the RFP was posted on the City's Web Page. Proposals were accepted until 3:00 on February 16th. On this date, the City received two (2) proposals from firms that had excellent qualifications. Selection of a contractor was made in accordance with Florida Statutes 287.055, Consultants Competitive Negotiations Act. The Public Works Director and staff reviewed the proposals and ranked the firms as follows: 1). Gibbs & Register, Inc. Winter Garden, Florida 2). Mudrak Engineering & Construction Company Christmas, Florida Gibbs & Register, Inc. (G&R) is located in Winter Garden, Florida, G&R submitted a complete RFP package and has satisfactorily provided the requirements. The firm has the necessary resources to provide the City concrete construction services. G&R also provides these services to other governmental agencies and private industries located in Central Florida. Therefore, G&R has been ranked No. 1 to perform these services. City Staff were unable to negotiate an agreeable pricing for services. Hence, Staff contacted the second ranking firm. As the second ranking Firm, Mudrak Engineering & Construction Company (MECO) was presented by staff the same work example for professional services as Gibbs & Register. MECC provided a favorable pricing equal to the norm from other concrete vendors the City has awarded. More so, MECC was the subcontractor for Gregori Construction and Engineering Inc for the concrete construction of Center Street, Holman Avenue, and Central Blvd Baffle Boxes. MECC is a smaller firm although committed to meet the needs of the City of Cape Canaveral. More so, MECC displays professional concerns by there on site inspection of our City. Recommend approval of the Continuing Contract for Miscellaneous Concrete Construction Services with Mudrank Engineering & Construction Company Attachments THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A111 Standard Form of Agreement Between Owner and Contractor where the basis of payment is the COST OF THE WORK PL US A FEE with or without a Guaranteed Maximum Price 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION The 1987 Edition ofAlA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) the Project is: (Name and address) the Architect is: (Name and address) 7th day of April in the year of Two Thousand and Six (2006) City of Cape Canaveral P.O. Box 326 Cape Canaveral, Florida Mudrak Engineering and Construction Company 21522 Hobby Horse Lane Christmas, Florida 32709 City of Cape Canaveral Continuing Miscellaneous Concrete Construction Services NA The Owner and Contractor agree as set forth below. Copyright 1920, 1925, 1951, 1958, 1961, 1963, 1967, 1974, 1978, and 1987 by The American Institute of Architects, 1735 New York Avenue, NW., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the MA violates the copyright laws of the United States and will be subject to legal prosecution. A111-1987 ARTICLE 1 THE CONTRACT DOCUMENTS 1.1 The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary arid other Condi- tions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 16. If anything in the other Contract Documents is inconsistent with this Agreement, this Agreement shall govern. ARTICLE 2 THE WORK OF THIS CONTRACT 2.1 The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Continuing Miscellaneous Concrete Construction Services as described in Request for Proposal (RFP) 06-01 awarded by the City Council of the City of Cape Canaveral. ARTICLE 3 RELATIONSHIP OF THE PARTIES 3.1 The Contractor accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and utilize the Contractor's best skill, efforts and judgment in furthering the interests of the Owner; to furnish efficient business administration and supervision; to make best efforts to furnish at all times an adequate supply of workers and materials; and to perform the Work in the best way and most expeditious and economical manner consistent with the interests of the Owner. The Owner agrees to exercise best efforts to enable the Contractor to perform the Work in the best way and most expedi- tious manner by furnishing and approving (in a timely way) information required by the Contractor and making payments to the Con- tractor in accordance with requirements of the Contract Documents. ARTICLE 4 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4.1 The date of commencement is the date from which the Contract Time of Subparagraph 4.2 is measured; it shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it diers from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) As stated within the "Notice to Proceed". Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 4.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days after the date of commencement. Also, insert any requirements for earlier Substantial Completion of certain portions of the Work, if not stated elsewhere in the Contract Documents.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time.) A111-1987 ARTICLE 5 CONTRACT SUM 5.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum con- sisting of the Cost of the Work as defined in Article 7 and the Contractor's Fee determined as follows: (State a lump sum, percentage of Cost of the Work or other provision for determining the Contractor's Fee, and explain bow the Contractor's Fee is to be adjusted for changes in the Work.) Exhibit A — Services Provided 5.2 GUARANTEED MAXIMUM PRICE (IF APPLICABLE) 5.2.1 The sum of the Cost of the Work and the Contractor's Fee is guaranteed by the Contractor not to exceed Dollars ($ ), subject to additions and deductions by Change Order as provided in the Contract Documents. Such maximum sum is referred to in the Contract Documents as the Guaranteed Maximum Price. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Contractor without reimbursement by the Owner. (Insert specific provisions if the Contractor is to participate in any savings.) 5.2.2 The Guaranteed Maximum Price is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates, but only if a Guaranteed Maximum Price is inserted in Subparagraph 5.2.1. If decisions on othe,, alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount/or each anti the date until which that amount is valid.) 5.2.3 The amounts agreed to for unit prices, if any, are as follows: (State unit prices only if a Guaranteed Maximum Price is inserted in Subparagraph 5.2 l.) ARTICLE 6 CHANGES IN THE WORK 6.1 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE 6,1.1 Adjustments to the Guaranteed Maximum Price on account of changes in the Work may be determined by any of the methods listed in Subparagraph 7.3.3 of the General Conditions. 6.1.2 In calculating adjustments to subcontracts (except those awarded with the Owner's prior consent on the basis of Cost plus a fee), the terms "cost" and "fee" as used in Clause 7.3.3.3 of the General Conditions and the terms "costs" and "a reasonable allowance for overhead and profit" as used in Subparagraph 7.3.6 of the General Conditions shall have the meanings assigned to them in the General Conditions and shall not be modified by Articles 5, 7 and 8 of this Agreement. Adjustments to subcontracts awarded with the Owner's prior consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. 6.1.3 In calculating adjustments to this Contract, the terms "cost" and "costs" as used in the above -referenced provisions of the General Conditions shall mean the Cost of the Work as defined in Article 7 of this Agreement and the terms "fee" and "a reasonable allowance for overhead and profit" shall mean the Contractor's Fee as defined in Paragraph 5.1 of this Agreement. 6.2 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE 6.2.1 Increased costs for the items set forth in Article 7 which result from changes in the Work shall become part of the Cost of the Work, and the Contractor's Fee shall be adjusted as provided in Paragraph 5.1. 6.3 ALL CONTRACTS 6.3.1 If no specific provision is made in Paragraph 5.1 for adjustment of the Contractor's Fee in the case of changes in the Work, or if the extent of such changes is such, in the aggregate, that application of the adjustment provisions of Paragraph 5.1 will cause substantial inequity to the Owner or Contractor, the Contractor's Fee shall be equitably adjusted on the basis of the Fee established for the original Work. A111-1987 ARTICLE 7 COSTS TO BE REIMBURSED 7.1 The term Cost of the Work shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner. The Cost of the Work shall include only the items set forth in this Article 7. 7,1.1 LABOR COSTS 7.1.1.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's agreement, at off-site workshops. 7,1.1.2 Wages or salaries of the Contractor's supervisory and administrative personnel when stationed at the site with the Owner's agreement. (If it is intended that the wages or salaries of certain personnel stationed at the Contractors principal or other offices shall be included in the Cost of the Work, identify in Article 14 the personnel to be included and whether for all or only part of their time.) 7.1.1.3 Wages and salaries of the Contractor's supervisory or administrative personnel engaged at factories, workshops or on the road, in expediting the production or transportation of materials or equipment required for the Work, but only for that portion of their time required for the Work. 7.1.1.4 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Clauses 7.1.1.1 through 7.1.1.3. 7.1.2 SUBCONTRACT COSTS Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 7.1.3 COSTS OF MATERIALS AND EQUIPMENT INCORPORATED IN THE COMPLETED CONSTRUCTION 7.1.3.1 Costs, including transportation, of materials and equipment incorporated or to he incorporated in the completed construction. 7.1.3.2 Costs of materials described in the preceding Clause 7.1.3.1 in excess of those actually installed but required to provide rea- sonable allowance for waste and for spoilage. Unused excess materials, if any, shall be handed over to the Owner at the completion of the Work or, at the Owner's option, shall be sold by the Contractor; amounts realized, if any, from such sales shall be credited to the Owner as a deduction from the Cost of the Work. 7.1.4 COSTS OF OTHER MATERIALS AND EQUIPMENT, TEMPORARY FACILITIES AND RELATED ITEMS 7.1.4.1 Costs, including transportation, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site and fully consumed in the performance of the Work; and cost less salvage value on such items if not fully consumed, whether sold to others or retained by the Contractor. Cost for items previously used by the Contractor shall mean fair market value. 7.1.4.2 Rental charges for temporary facilities, machinery, equipment, and hand tools not customarily owned by the construction workers, which are provided by the Contractor at the site, whether rented from the Contractor or others, and costs of transportation, installation, minor repairs and replacements, dismantling and removal thereof Rates and quantities of equipment rented shall be sub- ject to the Owner's prior approval. 7.1.4.3 Costs of removal of debris from the site. 7.1.4.4 Costs of telegrams and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. 7.1.4.5 That portion of the reasonable travel and subsistence expenses of the Contractor's personnel incurred while traveling in dis- charge of dunes connected with the Work. A111-1987 7.1.5 MISCELLANEOUS COSTS 7.1.5.1 That portion directly attributable to this Contract of premiums for insurance and bonds. 7.1.5.2 Sales, use or similar taxes imposed by a governmental authority which are related to the Work and for which the Contractor is liable. 7.1.5.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. 7.1.5.4 Fees of testing laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work for which reimbursement is excluded by Subparagraph 13.5.3 of the General Conditions or other provisions of the Contract Documents and which do not fall within the scope of Subparagraphs 7.2.2 through 7.2.4 below. 7.1.5.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement by the Contract Documents; payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of set- tlements made with the Owner's consent; provided, however, that such costs of legal defenses, judgment and settlements shall not be included in the calculation of the Contractor's Fee or of a Guaranteed Maximum Price, if any, and provided that such royalties, fees and costs are not excluded by the last sentence of Subparagraph 3.17.1 of the General Conditions or other provisions of the Contract Documents. 7.1.5.6 Deposits lost for causes other than the Contractor's fault or negligence. 7.1.6 OTHER COSTS 7.1.6.1 Other costs incurred in the performance of the Work if and to the extent approved in advance in writing by the Owner. 7.2 EMERGENCIES: REPAIRS TO DAMAGED, DEFECTIVE OR NONCONFORMING WORK The Cost of the Work shall also include costs described in Paragraph 7.1 which are incurred by the Contractor: 7.2.1 In taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and prop- erty, as provided in Paragraph 10.3 of the General Conditions. 7.2.2 In repairing or correcting Work damaged or improperly executed by construction workers in the employ of the Contractor, provided such damage or improper execution did not result from the fault or negligence of the Contractor or the Contractor's foremen, engineers or superintendents, or other supervisory, administrative or managerial personnel of the Contractor. 7.2.3 In repairing damaged Work other than that described in Subparagraph 7.2 2, provided such damage did not result from the fault or negligence of the Contractor or the Contractor's personnel, and only to the extent that the cost of such repairs is not recoverable by the Contractor from others and the Contractor is not compensated therefore by insurance or otherwise. 7.2.4 In correcting defective or nonconforming Work performed or supplied by a Subcontractor or material supplier and not cor- rected by them, provided such defective or nonconforming Work did not result from the fault or neglect of the Contractor or the Contractor's personnel adequately to supervise and direct the Work of the Subcontractor or material supplier, and only to the extent that the cost of correcting the defective or nonconforming Work is not recoverable by the Contractor from the Subcontractor or material supplier. ARTICLE 8 COSTS NOT TO BE REIMBURSED 8.1 The Cost of the Work shall not include: 8.1.1 Salaries and other compensation of the Contractor's personnel stationed -at the Contractor's principal office or offices other than the site office, except as specifically provided in Clauses 7.1.1.2 and 7.1.1.3 or as may be provided in Article 14. 8.1.2 Expenses of the Contractor's principal office and offices other than the site office. A111-1987 8.1.3 Overhead and general expenses, except as may be expressly included in Article 7. 8.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work. 8.1.5 Rental costs of machinery and equipment, except as specifically provided in Clause 7.1.4.2. 8.1.6 Except as provided in Subparagraphs 72.2 through 7.2.4 and Paragraph 13.5 of this Agreement, costs due to the fault or negli- gence of the Contractor, Subcontractors, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable, including but not limited to costs for the correction of damaged, defective or nonconforming Work, disposal and replace- ment of materials and equipment incorrectly ordered or supplied, and making good damage to property not forming part of the Work. 8.1.7 Any cost not specifically and expressly described in Article 7. 8.1.8 Costs which would cause the Guaranteed Maximum Price, if any, to be exceeded. ARTICLE 9 DISCOUNTS, REBATES AND REFUNDS 9.1 Cash discounts obtained on payments made by the Contractor shall accrue to the Owner if (1) before making the payment, the Contractor included them in an Application for Payment and received payment therefore from the Owner, or (2) the Owner has deposited funds with the Contractor with which to make payments; otherwise, cash discounts shall accrue to the Contractor. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the Owner, and the Contractor shall make provisions so that they can be secured. 9.2 Amounts which accrue to the Owner in accordance with the provisions of Paragraph 9.1 shall be credited to the Owner as a deduction from the Cost of the Work. ARTICLE 10 SUBCONTRACTS AND OTHER AGREEMENTS 10.1 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts or by other appropriate agreements with the Contractor. The Contractor shall obtain bids from Sub- contractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Architect. The Owner will then determine, with the advice of the Contractor and subject to the reasonable objection of the Architect, which bids will be accepted. The Owner may designate specific persons or entities from whom the Contractor shall obtain bids; however, if a Guaranteed Maximum Price has been established, the Owner may not prohibit the Contractor from obtaining bids from others. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 10.2 If a Guaranteed Maximum Price has been established and a specific bidder among those whose bids are delivered by the Con- tractor to the Architect (1) is recommended to the Owner by the Contractor; (2) is qualified to perform that portion of the Work; and (3) has submitted a bid which conforms to the requirements of the Contract Documents without reservations or exceptions, but the Owner requires that another bid he accepted; then the Contractor may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Contractor and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. 10.3 Subcontracts or other agreements shall conform to the payment provisions of Paragraphs 12.7 and 12.8, and shall not be awarded on the basis of cost plus a fee without the prior consent of the Owner. ARTICLE 11 ACCOUNTING RECORDS 11.1 The Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting `and control systems shall be satisfactory to the Owner, The Owner and the Owner's accountants shall he afforded access to the Contractor's records, books, correspondence, instructions, drawings, receipts, subcon- A111-1987 tracts, purchase orders, vouchers, memoranda and other data relating to this Contract, arid the Contractor shall preserve these for a period of three years after final payment, or for such longer period as may be required by law. ARTICLE 12 PROGRESS PAYMENTS 12.1 Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 12.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 12.3 Provided an Application for Payment is received by the Architect not later than the day of a month, the Owner shall make payment to the Contractor not later than the day of the month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than days after the Architect receives the Application for Payment. 12.4 With each Application for Payment the Contractor shall submit payrolls, petty cash accounts, receipted invoices or invoices with check vouchers attached, and any other evidence required by the Owner or Architect to demonstrate that cash disbursements already made by the Contractor on account of the Cost of the Work equal or exceed (I) progress payments already received by the Contractor; less (2) that portion of those payments attributable to the Contractor's Fee; plus (3) payrolls for the period covered by the present Application for Payment; plus (4) retainage provided in Subparagraph 12.5.4, if arty, applicable to prior progress payments. 12.5 CONTRACTS WITH A GUARANTEED MAXIMUM PRICE 12.5.1 Each Application for Payment shall be based upon the most recent schedule of values submitted by the Contractor in accor- dance with the Contract Documents. The schedule of values shall allocate the entire Guaranteed Maximum Price among the various portions of the Work, except that the Contractor's Fee shall be shown as a single separate item. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. 12.5.2 Applications for Payment shall show the percentage completion of each portion of the Work as of the end of the period covered by the Application for Payment. The percentage completion shall be the lesser of (I) the percentage of that portion of the Work which has actually been completed or (2) the percentage obtained by dividing (a) the expense which has actually been incurred by the Contractor on account of that portion of the Work for which the Contractor has made or intends to make actual payment prior to the next Application for Payment by (b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. 12.5.3 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 12.5.3.1 Take that portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions, even though the Guaranteed Maximum Price has not yet, been adjusted by Change Order. 12.5.3.2 Add that portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing. 12.5.3.3 Add the Contractor's Fee, less retainage of percent (%). The Contractor's Fee shall be computed upon the Cost of the Work described in the two preceding Clauses at the rate stated in Paragraph 5.1 or, if the Contractor', Fee is stated as a fixed sum in that Paragraph, shall be an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in the two preceding Clauses bears to a reasonable estimate of the probable Cost of the Work upon its completion. A111-1987 12.5.3.4 Subtract the aggregate of previous payments made by the Owner. 12.5.3.5 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 to substantiate prior Applications for Payment, or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 12.5.3.6 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 12.5.4 Additional retainage, if any, shall be as follows: (If it is intended to retain additional amounts from progress payments to the Contractor beyond (1) the retainage from the Contractor's Fee provided in Clause 12.533, (2) the retainage from Subcontractors provided in Paragraph 12.7 below, and (3) the retainage, if any, provided by other provisions of the Contract, insert provision for such additional retainage here. Such provision, if made, should also describe any arrangement for limiting or reducing the amount retained after the Work reaches a certain state' of completion.) 12.6 CONTRACTS WITHOUT A GUARANTEED MAXIMUM PRICE 12.6.1 Applications for Payment shall show the Cost o the Work actually incurred by the Contractor through the end of the period covered by the Application for Payment and for which the Contractor has made or intends to make actual payment prior to the next Application for Payment. 12.6.2 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 12.6.2.1 Take the Cost of the Work as described in Subparagraph 12.6.1. 12.6.2.2 Add the Contractor's Fee, less retainage of percent (%). The Contractor's Fee shall be computed upon the Cost of the Work described in the preceding Clause 12.6.2.1 at the rate stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work in the preceding Clause bears to a reasonable estimate of the probable Cost of the Work upon its completion. 12.6.2.3 Subtract the `aggregate of previous payments made by the Owner'. 12.6.2.4 Subtract the shortfall, if any, indicated by the Contractor in the documentation required by Paragraph 12.4 or to substantiate prior Applications for Payment or resulting from errors subsequently discovered by the Owner's accountants in such documentation. 12.6.2.5 Subtract amounts, if any, for which the Architect has withheld or withdrawn a Certificate for Payment as provided in the- Contract Documents. 12.6.3 Additional retainage, if any, shall be as follows: 12.7 Except with the Owner's prior approval, payments to Subcontractors included in the Contractor's Applications for Payment shall not exceed an amount for each Subcontractor calculated as follows: 12.7.1 Take that portion of the Subcontract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Subcontractor's Work by the share of the total Subcontract Sum allocated to that portion in the Subcontractor's schedule of values, less retainage of percent (%). Pending final determination of amounts to be paid to the Subcontractor for changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Subcontract Sum has not yet been adjusted by Change Order. 12.7.2 Add that portion of the Subcontract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing, less retainage of percent (%). 12.7.3 Subtract the aggregate of previous payments made by the Contractor to the Subcontractor. 12.7.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment by the Owner to the Con- tractor for reasons which are the fault of the Subcontractor. 12.7.5 Add, upon Substantial Completion of the entire Work of the Contractor, a sum sufficient to increase the total payments to the Subcontractor to percent (%) of the Subcontract Sum, less amounts, if any, for incomplete Work and unsettled claims; and, A111-1987 if final completion of the entire Work is thereafter materially delayed through no fault of the Subcontractor, add any additional amounts payable on account of Work of the Subcontractor in accordance with Subparagraph 9.10.3 of the General Conditions. (If It is intended, prior to Substantial Completion of the entire Work of the Contractor, to reduce or limit the retainage from Subcontractors resulting from the percentages inserted hi Subparagraphs 12 7. 1 and 11. 7.1 above and this is not explained elsewhere in the Contract Documents. Insert here provisions for such reduction or limitation.) The Subcontract Sum is the total amount stipulated in the subcontract to be paid by the Contractor to the Subcontractor for the Sub- contractor's performance of the subcontract. 12.8 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. - 12.9 In taking action on the Contractor's Applications for Payment, the Architect shall be entitled to rely on the accuracy and com- pleteness of the information furnished by the Contractor and shall not be deemed to represent that the Architect has made a detailed examination, audit or arithmetic verification of the documentation submitted in accordance with Paragraph 12.4 or other supporting data; that the Architect has made exhaustive or continuous on-site inspections or that the Architect has made examinations to ascer- tain how or for what purposes the Contractor has used amounts previously paid on account of the Contract. Such examinations, audits and verifications, if required by the Owner, will be performed by the Owner's accountants acting in the sole interest of the Owner. ARTICLE 13 FINAL PAYMENT 13.1 Final payment shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct defective or nonconforming Work, as provided in Subparagraph 12.2.2 of the General Conditions, and to satisfy other requirements, if any, which necessarily survive final payment; (2) a final Application for Payment and a final accounting for the Cost of the Work have been submitted by the Contractor and reviewed by the Owner's accountants; and (3) a final Certificate for Payment has then been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: 13.2 The amount of the final payment shall be calculated as follows: 13.2.1 Take the sum of the Cost of the Work substantiated by the Contractor's final accounting and the Contractor's Fee; but not more than the Guaranteed Maximum Price, if any. 13.2.2 Subtract amounts, if any, for which the Architect withholds, in whole or in part, a final Certificate for Payment as provided in Subparagraph 9.5.1 of the General Conditions or other provisions of the Contract Documents. 13.2.3 Subtract the aggregate of previous payments made by the Owner. If the aggregate of previous payments made by the Owner exceeds the amount due the Contractor, the Contractor shall reimburse the difference to the Owner. 13.3 The Owner's accountants will review and report in writing on the Contractor's final accounting within 30 days after deliver}, of the final accounting to the Architect by the Contractor. Based upon such Cost of the Work as the Owner's accountants report to be substantiated by the Contractor's final accounting, and provided the other conditions of Paragraph 13.1 have been met, the Architect, will, within seven days after receipt of the written report of the Owner's accountants, either issue to the Owner a final Certificate for Payment with a copy to the Contractor, or notify the Contractor and Owner in writing of the Architect's reasons for withholding a certificate as provided in Subparagraph 9.5.1 of the General Conditions. The time periods stated in this Paragraph 13.3 supersede those stated in Subparagraph 94.1 of the General Conditions. 13.4 If the Owner's accountants report the Cost of the Work as substantiated by the Contractor's final accounting to be less than claimed by the Contractor, the Contractor shall be entitled to demand arbitration of the disputed amount without a further decision of the Architect. Such demand for arbitration shall be made by the Contractor within 30 days after the Contractor's receipt of a copy of the Architect's final Certificate for Payment; failure to demand arbitration within this 30 -day period shall result in the substantiated amount reported by the Owner's accountants becoming binding on the Contractor. Pending a final resolution by arbitration, the Owner shall pay the Contractor the amount certified in the Architect's final Certificate for Payment. A111-1987 13.5 If, subsequent to final payment and at the Owners request, the Contractor incurs costs described in Article 7 and not excluded by Article 8 to correct defective or nonconforming Work, the Owner shall reimburse the Contractor such costs and the Contractor's Fee applicable thereto on the same basis as if such costs had been incurred prior to final payment, but not in excess of the Guaranteed Maximum Price, if any. If the Contractor has participated in savings as provided in Paragraph 5.2, the amount of such savings shall be recalculated and appropriate credit given to the Owner in determining the net amount to be paid by the Owner to the Contractor. ARTICLE 14 MISCELLANEOUS PROVISIONS 14.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 14.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon. if any.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Con- tractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 14.3 Other provisions: ARTICLE 15 TERMINATION OR SUSPENSION 15.1 The Contract may be terminated by the Contractor as provided in Article 14 of the General Conditions; however, the amount to be paid to the Contractor under Subparagraph 14 1.2 of the General Conditions shall not exceed the amount the Contractor would be entitled to receive under Paragraph 15.3 below, except that the Contractor's Fee shall be calculated as if the Work had been fully completed by the Contractor, including a reasonable estimate of the Cost of the Work for Work not actually completed. 15.2 If a Guaranteed Maximum Price is established in Article 5, the Contract may be terminated by the Owner for cause as provided in Article 14 of the General Conditions; however, the amount, if any, to be paid to the Contractor under Subparagraph 14.2.4 of the General Conditions shall not cause the Guaranteed Maximum Price to be exceeded, nor shall it exceed the amount the Contractor would be entitled to receive under Paragraph 15.3 below. 15.3 if no Guaranteed Maximum Price is established in Article 5, the Contract may be terminated by the Owner for cause as provided in Article 14 of the General Conditions; however, the Owner shall then pay the Contractor an amount calculated as follows: 15.3.1 Take the Cost of the Work incurred by the Contractor to the date of termination. 15.3.2 Add the Contractor's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Paragraph 5.1 or, if the Contractor's Fee is stated as a fixed sum in that Paragraph, an amount which bears the same ratio to that fixed -sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion. 15.3.3 Subtract the aggregate of previous payments made by the Owner. The Owner shall also pay the Contractor fair compensation, either by purchase or rental at the election of the Owner, for any equip- ment owned by the Contractor which the Owner elects to retain and which is not otherwise included in the Cost of the Work under Subparagraph 15.3.1. To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including ren- tal agreements), the Contractor shall, as a condition of receiving the payments referred to in this Article 15, execute and deliver all such papers and take all such steps, including the legal assignment of such subcontracts and other contractual rights of the Contractor, as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Contractor under such subcon- tracts or purchase orders. A111-1987 15.4 The Work may be suspended by the Owner as provided in Article 1-i of the General Conditions; in such case, the Guaranteed Maximum Price, if any, shall be increased as provided in Subparagraph 14.3.2 of the General Conditions except that the term "cost of performance of the Contract" in that Subparagraph shall be understood to mean the Cost of the Work and the term "profit" shall be understood to `mean the Contractor's Fee as described in Paragraphs 5.1 and 6.3 of this Agreement. ARTICLE 16 ENUMERATION OF CONTRACT DOCUMENTS 16.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 16. 1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Document A 111, 1987 Edition. 16.1.2 The General Conditions are the General Conditions of the Contract for Construction, ALA Document A201, 1987 Edition. 16.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual and are as follows: DOCUMENT None. TITLE 16.1.4 The Specifications are those contained 1 st the Project Manual as in Paragraph 16.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) DOCUMENT None. TITLE 16.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) NUMBER NUMBER DATE None. None. 16.1.6 The Addenda, if any, are as follows: PAGES PAGES TITLE Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 16. 16.1.7 Other Documents, if any, forming part of the Contract Documents, are as follows: (List here any additional documents which are intended to form part of the Contract Documents The General Conditions provide that bidding requirements such as advertisement or invitation to bid, instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) A111-1987 This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) (Printed name and title) CONTRACTOR (Signature) (Printed name and title) A111-1987 Exhibit A Services provided by Mudrak Engineering & Construction Company (MECC) include: • Field inspections of concrete structures • Construction of sidewalks/curbing • Installation of brick pavers • Construction of small buildings • Construction of concrete piers • Drainage construction projects • Erosion protection • Canal grading • Roadway repairs • Road base installation • Storage tank construction • Concrete demolition/grading • Sodding/seeding • Miscellaneous construction projects In-house equipment includes: • '/z and 3/4 -ton pickup trucks • Back hoes • Bobcats • Flat bed trailers • Dump trailers • Tool trailers with construction tools Full-time employees — 6 President — Dale Mudrak FL Licensed Professional Engineer No. 42669 Certified Building Contractor Federal ID Number: 59-373-1834 Meeting Type: Regular Meeting Date: 04-04-06 AGENDA Heading Considerations Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PURCHASE OF A FIBERGLASS MANATEE FOR OUR SISTER CITY OF VILA DO BISPO, PORTUGAL DEPT/DIVISION: BEAUTIFICATION Requested Action: City Council consider the purchase of a five-foot long custom made fiberglass manatee for our sister city of Vila. do Bispo, Portugal as recommended by the Beautification Board Summary Explanation & Background: See attached memo. Please advise. Exhibits Attached: Beautification Board's memo City Mana ffice Department BEAUTIFICATION nt\xim\mya current in\council\meeting\2006\04-04-06\manatee.doc Memo To: Bennett Boucher, City Manager From: Ed Gardulski, Public Works Director via Beautification Board IDete: March 24, 2006 Re: Agenda item for April 18th Council Meeting, Request for Council Approval, Purchase of Fiberglass Manatee for Portugal The Beautification Board at their March 14, 2006 meeting unanimously agreed to recommend to City Council that the City proceed with the purchase of a 5 -foot fiberglass manatee in the amount of $ 2,130.00 to be sent to Portugal. (copy of Beautification Board Minutes and quote attached) We request that this item be placed on the April 18, 2006 City Council agenda. Respectfully submitted, Beautification Board /ch Attachments 0 Page 1 Quotes for Manatee Vendor D9cription price Jim Vilona 4 ft. bronze manatee $ 4,$50 ** R P. Creations 5 ft. fiberglass manatee $ 2,130 Brown's Taxidermy 4 ft. fiberglass manatee $ 750 American Bronze 4 ft. bronze manatee $ 13,360 ** ** = vendor requires 50% deposit down prior to construction. As of ZWO6 01103106 City Of Cap Canaveral Public Works Cathy Hardy 321-868-1240 1233 Fx We are pleased to quote the fiberglass creation of one Manatee 5 feet long. This creation is a unique production or better known as a ;one off). PRICE $2,130.00 each delivered. Terms: 50% deposit required upon ordering, balance due preshipment. Design is monitored via email. Thank you, Raymond A. Paulin Owner /!Designer B pi m K P.O. NO. TERMS DUE DATE Il4/M ITEM DESCRIPTION MHsiinmace 44' REP SHIP LATE I SHIP VIA 1/412006. QTY Y6a 1� FOB FROJECT RATE AMOUNT 1 750.00 750.0U SubtDta! Sol** Tax Total Phww # Fax E -m a Web Site 321-784-6677 321-784-6679 taxid��7rd� eict brownta�idesuxy,cq S7sp_o� so.00 $710.00 i Cathy Hardy From: "Cheri Vilona" <cherivilona @earth link.net> To: <chardypw@bellsouth.net> Cc: <jimvilona @ earthlink.net> Sent: Tuesday, November 01, 2005 3:25 PM Subject: resubmit quote for Manatee Dear Cathy, Jim has advised me to offer you a smaller Manatee, approximately 4 foot long by 1-1/2 to 2 feet wide at the price of 4,850.00. We would scale down the piece as pictured 10/6/05 and I think it would work for you. The shipping is seperately billed, and the deposit would be half of 4,850.00 to begin production, and the balance would be remitted before shipping. Kindly advise if this will enable the project to move forward. We would be happy to assist you with anything you may need. Best Regards, Cheri Vilona Cheri Vilona I 11 /7/2005 �MT From: "Carol Mayer" <carol@amedcanbronze.com> To: <chardy-cape@cfl.rr.com> Sent: Thursday, February 02,2006 11:39 AM Subject: Price Estimate Dear Cathy, Here is the price estimate for creating a bronze casting of a 4 foot long manatee. Please let me know if you have any questions about it. We would welcome having the opportunity to work with you on this and other bronze casting projects. I am looking forward to hearing back from you about it. With best regards, Carol E. Mayer, Vice President -Sales American Bronze Foundry 1650 E. Lake Mary Boulevard Sanford, Florida 32773 Toll-free #: (800) 881-8090 Local #: (407) 328-8090 Fax: (407) 328-7010 E-mail: carol@americanbronze.com Web site: httl)://WWW.ainericanbronze.com PRICE ESTIMATE "Manatee" - Approximately 4 feet long x 2 feet wide x 2 feet high Artwork: $4,460.00 Mold: $2,015.00 Bronze Casting - Full Service, Including Patina & Mounting Rod: $6,885.00 Total: $13,360.00 Additional Information: 1) Estimated Production Time: Artwork 12 weeks + Mold and Casting 16 - 18 weeks, total = 28 -30 weeks. 2) Payment Terms: 50% down and the balance upon completion of each stage (artwork, mold & casting stages). We accept checks and credit cards. Sales tax (7%) is added unless we have a current annual, signed Florida Resale or 2/6/2006 Tax Exemption Certificate on file or the bronze casting(s) are shipped out of state via common carrier. 3) ,Any packaging and shipping is additional. 4) This price estimate is quoted from a picture or drawing and is subject to change pending review of the original artwork after it is approved. 5) Price estimate is valid for 30 days. We would welcome having the opportunity to work with you on this project. Carol Mayer American Bronze Foundry Toll-free #: (800) 881-8090 Meeting Type: Regular Meeting Date: 04-04-06 AGENDA Heading Considerations Item 5 No. Commercial Zoning District issue. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PROPOSAL TO CONDUCT A BUSINESS SURVEY IN AMOUNT NOT TO EXCEED $15,000 BY UCF DEPT/DIVISION: BUSINESS & CULTURAL DEVELOPMENT BOARD Requested Action: City Council consider a proposal from the University of Central Florida to conduct a business survey in an amount not to exceed $15,000, as recommended by the Business & Cultural Development Board Summary Explanation & Background: This item was discussed during a joint meeting with City Council, the Planning & Zoning Board and the Business & Cultural Development Board as part of the discussion on how to address the residential special exception in C- I Commercial Zoning District issue. Cost for a telephone survey - $ 8,706 Cost to add a web site feature - $2,530 $11,236 See attached proposals. The Business & Cultural Development Board is seeking approval for funding the telephone and internet survey in an amount not to exceed $15,000. This is not a budgeted item; the appropriation would be from General Fund Reserves. Please advise. Exhibits Attached: B&CDB's memo; UCF Proposals City Mana Office Department BUSINESS & CULTURAL DEVELOPMENT BOARD -nt\kim\ocume admin\cou eeting\2006\04-04-06\ucfsurvey.doc City Pi of Cape Canaveral t Memo To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Ed Lawson, Secretary, Business and Cultural Development Board Date: 3/28/2006 Re: Request for Acceptance of Survey Proposal The Business and Cultural Development Board, at their regular meeting held on Wednesday, March le, 2006 met with Dr. James Wright of the University of Central Florida's Institute of Social and Behavioral Sciences Department. The purpose of this meeting was to discuss the possibility of Dr. Wright conducting a Business Needs Survey for the City of Cape Canaveral. After discussing the possible survey with Dr. Wright the board unanimously approved that the City of Cape Canaveral enter and finalize a negotiated contract with UCF's Institute of Government and UCF's Institute of Social and Behavioral Sciences (ISBS) for the purpose of developing and conducting a telephone survey of City residents for the purpose of obtaining information as to what types of businesses citizens would like for the board to pursue. It was further approved to include a Survey Monkey web site survey on the City's web site to allow all citizens an opportunity to participate in the survey process and that the costs not exceed $15,000.00. The results are to be analyzed separately unless the results prove to be identical in conclusion. Respectfully, � C4.GG�Gc� Ed Lawson Secretary, Business and Cultural Development Board Attachments: Survey Proposal 1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 * www.myflorida.com/cape r-iiversity of Central Florkla Institute for Social and Behavioral Sciences Department of Sociology 407-823-5083 Memorandum To: Ed Lawson, City of Cape Canaveral From: Jim Wright, Director, ISBS Date: February 24, 2006 Re: Cape Canaveral Survey It was a pleasure chatting with you yesterday about a possible survey of Cape Canaveral residents concerning public views about the kinds of businesses the City should be trying to attract. As we discussed, a telephone survey is the only practical method of obtaining scientifically valid data within your time frame. Phone surveys provide wide coverage, statistical generalizability to a known population, and rapid turnaround. ISBS operates an eight -station Computer -Assisted Telephone Interviewing (CATI) lab and we would be pleased to undertake a survey project for the City of Cape Canaveral. As I explained, our interviewers spend far more time dialing numbers and seeking eligible and willing respondents than they spend actually interviewing people. For the standard 10-15 minute interview, we usually assume one hour of calling time per each completed interview. For a short 5 -minute interview of the sort we discussed, we can probably complete two interviews per hour of calling time. Table One, attached, illustrates the magnitude of the problem. It is the "call disposition" inventory for a recent phone survey done in our shop. As you can see, only about one call attempt in 20 results in a completed interview. One important implication is that once an eligible and willing respondent is on the phone with our interviewers, we have already shouldered about 90-95% of the total data collection cost for that respondent. Thus, the marginal cost for asking additional questions is near zero. That is why I recommend against a three -to -five question survey of the sort you originally suggested and in favor of something on the order of five minutes. In our experience, the cooperation rate is about the same if you tell respondents that the interview only takes "about five minutes" as it is if you tell them it only takes "a minute or two." And with a five- minute interview, I think a rate of two completions per hour of calling time is reasonable. Our rule of thumb is that it takes about one minute to assure that we are talking to an eligible respondent and to establish rapport and that we can ask about four questions per minute thereafter. So a five-minute interview would give you 15-20 questions to work with. My recommendation would be to spend about half your items asking for respondents' views about what businesses they would like to have in the city and the other half obtaining demographic information that we can use to break down the responses in a meaningful analysis (age, gender, ethnicity, household size, length of residence, etc.) The other principal determinant of survey costs is the sample size. For a population of 10,000, a margin of survey error of f 5 percentage points requires a sample of -370. My cost projections, summarized later, are based on N = 400, a reasonable tradeoff (in my opinion) between survey precision and costs. We make calls from 3:00 in the afternoon until 9:0o in the evening, all day on Saturday (9:0o AM to 9:0o PM), and after church on Sundays (noon to 9:00). Our experience is that these are the most cost-efficient shifts. We can do -200 completed surveys per week, so this job would require about two weeks of data collection. We will also need two weeks before data collection begins to do the design work, obtain a sample of phone numbers, load the survey onto our CATI software, and get clearance from the UCF Institutional Review Board; and a week to ten days after data collection ends to do an analysis and prepare a report. My colleagues and I will work closely with you and other city representatives to develop and finalize the questionnaire. We will also assume responsibility for preparing a statistical analysis of the data and writing a technical report. The contract for this work would run through the UCF Institute for Government under the direction of Marilyn Crotty and we would be sub -contractors on that contract. Herewith, a rough -out of the survey costs based on the above assumptions. Once you have had the chance to look this over and share it with your colleagues, please be in touch. We are grateful for the opportunity to work with the City of Cape Canaveral on this project. 2 Tentative Budget • ISBS professional services: sampling design, questionnaire design, C3 (CATI) coding, training, data analysis, and preparation of reports (6 days @ $500/day) • Data collection: two interviews/hour x 400 total interviews @ $11 /hour • Survey supervision: .5 months @ $2,000/month • Fringe benefits on personnel @10% • Phone charges: $500/month x .5 months • Sample acquisition • Total direct costs • ISBS indirect cost recovery @15% • Total costs 3 $3,000 2,200 1,000 620 250 500 $7,570 1,136 $8,706 Table 1 Disposition of Telephone Call Attempts Orlando Survey of Housing Conditions Category Number Per Cent of Total Atte m pts Answering machine/voicemail 10,034 35.3 Completed phone survey 1,545 5.4 Refused to do survey 573 2.0 Promises to mail in survey' 346 1.2 Busy signal 764 2.7 Call back 4,550 16.0 Phone not answered 4,607 16.2 Spanish-speaking3 430 1.5 No available respondene 133 0.5 Number has been changed 221 0.8 Business number 259 0.9 Prefers online survey 16 0.0 Others 4,972 17.5 Total 28,450 100.0 Notes (1) Respondent acknowledges receiving survey in the mail and either says it was already returned or promises to return it soon. (2) Can mean either a general "call me back later, I'm too busy right now" or a call-back with a specific date and time agreed to. (3) Respondent does not speak English well enough to complete the survey in English and requests a call-back from a Spanish speaking interviewer. (4) No resident of the household age 18 or older is available to speak on the phone. (5) Various unspecified outcomes: fax or computer carrier wave, hang-ups, disconnected numbers, phone not in service, etc. 4 • �• l Ur versity of �r�tr�l � Institute for Social and Behavioral Sciences Department of Sociology 407-823-5o83 Memorandum To: Ed Lawson, City of Cape Canaveral From: Jim Wright, Director, ISBS Date: March 27, 2oo6 Re: Cape Canaveral Survey, Revised Proposal My memo of February 24, 2oo6, and the ensuing presentation to your Economic and Cultural Development Board the evening of March 15, 2oo6, sketched out a proposed telephone survey comprised of ~400 interviews each of -5 minutes duration for a total cost of $8,7o6. Your Board has asked that we include in the project a web -based version of the survey in which any Cape Canaveral resident could participate. We agreed that we could construct a web -compatible version of the questionnaire using the "survey -monkey" software, implement that version on the City's web page, invite persons to visit the page and fill out the questionnaire, and harvest and analyze the returns, as part of the overall project. My best guess is that adding this web -based component will take an additional two professional days to convert the instrument to a web -compatible version and two more professional days to harvest the data, analyze them, and prepare a supplemental report. Thus, this adds four days @ $5oo/day = $2,000 (plus associated fringe and indirects) to the estimated cost. This assumes: • Someone on your end will upload the questionnaire to the City's website and monitor the web -site for "hits" and any problems. • The City will assume the cost and effort of publicizing the web version of the survey and inviting participation. • We will let the web version run for 3o days only. • The data from the phone survey and from the internet survey will be maintained as separate data files and analyzed separately. These additions and assumptions then generate the following tentative budget, which is identical to the original budget except for 4 added days of professional time plus the associated increase in fringe benefits and indirect costs. Please be in touch if there are any questions. Tentative Budget ISBS professional services: sampling design, questionnaire design, C3 (CATI) coding, preparation of web -version, training, data analysis, and preparation of reports (10 days @ $500/day) Data collection: two interviews/hour x 400 total interviews @ $11 /hour Survey supervision: .5 months @ $2,000/month Fringe benefits on personnel @10% Phone charges: $500/month x.5 months Sample acquisition Total direct costs ISBS indirect cost recovery @15% Total costs 2 $5,000 2,200 1,000 820 250 500 $9,770 1,466 $11,236 Table 1 Disposition of Telephone Call Attempts Orlando Survey of Housing Conditions Category Number Per Cent of Total Attempts Answering machine/voicemail 10,034 35.3 Completed phone survey 1,545 5.4 Refused to do survey 573 2.0 Promises to mail in survey' 346 1.2 Busy signal 764 2.7 Call back 4,550 16.0 Phone not answered 4,607 16.2 Spanish-speaking3 430 1.5 No available respondent4 133 0.5 Number has been changed 221 0.8 Business number 259 0.9 Prefers online survey 16 0.0 Others 4,972 17.5 Total 28,450 100.0 Notes (1) Respondent acknowledges receiving survey in the mail and either says it was already returned or promises to return it soon. (2) Can mean either a general "call me back later, I'm too busy right now" or a call-back with a specific date and time agreed to. (3) Respondent does not speak English well enough to complete the survey in English and requests a call-back from a Spanish speaking interviewer. (4) No resident of the household age 18 or older is available to speak on the phone. (5) Various unspecified outcomes: fax or computer carrier wave, hang-ups, disconnected numbers, phone not in service, etc. 3 Meeting Type: Regular Meeting Date: 04-04-06 AGENDA Heading Resolutions Item 6 No. Resolution No. 2006-11; correspondence AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-11, SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A LIFETIME DEPT/DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2006-11, supporting the Florida Department of Elder Affairs' Communities for a Lifetime, as requested by Mayor Randels. Summary Explanation & Background: See attached resolution and correspondence. Exhibits Attached: Resolution No. 2006-11; correspondence City Mana e1--ffice - Department LEGISLATIVE nt\kim\myd cu is in\cou \2006\04-04-06\2006-11.doc RESOLUTION NO. 2006-11 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING THE FLORIDA DEPARTMENT OF ELDER AFFAIRS' COMMUNITIES FOR A LIFETIME; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR ADOPTION. WHEREAS, the City of Cape Canaveral supports the Florida Department of Elder Affairs' Communities for a Lifetime initiative to make Florida a friendlier place to live for people of all ages, that they may be as independent as long as possible, and remain in their homes and in the communities they love; and WHEREAS, the State of Florida has the highest percentage of elders of any state in the nation and our elder population will continue to increase, reaching numbers without precedent in the first part of the XXI Century; and WHEREAS, in order to allow all residents to maintain their dignity, security and independence, communities must evaluate, assess and modify their infrastructures to create a Community for a Lifetime; and WHEREAS, the City of Cape Canaveral and the Florida Department of Elder Affairs share the vision and responsibility to improve the life of all citizens so they can prepare for and enjoy aging in place throughout their life; and WHEREAS, in order to achieve our mutual goals, cities and counties should begin to build together a place free of physical, emotional and social barriers. NOW, THEREFORE, BE IT RESOLVED, by the City of Cape Canaveral, Brevard County, Florida: Resolution No. 2006-11 Page 2 of 2 SECTION 1 that the City of Cape Canaveral will make every effort to first evaluate and later remove barriers to create a Community for a Lifetime. SECTION 2. That this resolution shall become effective immediately upon its adoption in accordance with the Charter of the City of Cape Canaveral. SECTION 3. That this resolution was adopted at a regular meeting of the City Council on the 4th day of April, 2006. Rocky Randels, MAYOR ATTEST: FOR AGAINST Bob Hoog Susan Stills, CITY CLERK Jim Morgan 1W7►1f•?T•1FF Buzz Petsos APPROVED AS TO FORM: Rocky Randels Anthony Garganese, CITY ATTORNEY DEPARTMENT OF &oa axe rim�& e--, acs once o�oc ate'a �rzc�L vcta`xeaou�cea 3r � � fJ�IL�LCLfLGwviuy � V �LG6lL� �pominuar a�ax a 204me ar�sl`ca iirle. ELDER AFFAIRS STATE OF FLORIDA JEB Buses Dear Community Leader: GOVERNOR Very soon, for the first time in history, the number of older people in our nation will exceed the number of children. The aging of the baby boomer generation, those born from 1946 to 1964, will affect our communities in a very real way. Currently, 26 percent of Florida's population is considered baby boomers. Additionally, it is documented that people are living longer, healthier lives — specifically Floridians whose average lifespan is approximately six months longer than the average lifespan for the entire Unites States. This increasing aging population has a tremendous impact on our state. For this reason, Florida's communities are working to prepare for the increasing aging population by removing artificial barriers and incorporating universal designs into their planning processes through the Communities for a CAROLE GREEN Lifetime initiative. SECRETARY The Communities for a Lifetime initiative is phase two of Governor Jeb Bush's Elder Ready Community initiative begun in 1999. This initiative asks communities to revive the best ideas from America's past — neighborhoods where all generations lived and worked together — while using today's technology. to sow the seeds for the communities of tomorrow. 040 ESPLANADE WAY TALLAHASSEE, FLORIDA 32399-7000 shone 830.4141000 fax 850.444.2004 —ADD -850:414,2001 On April 28, 2003, the Florida House of Representatives voted unanimously to pass House Resolution 9149 sponsored by Representative Tom Anderson endorsing Governor Bush's initiative. This unprecedented action illustrates your state representative's commitment to the initiative that will provide seniors the opportunity to remain independent in their own communities throughout a lifetime. Creating a Community for a Lifetime is a process that ideally will involve the entire community, but the first step in the process remains with you. As a leader in your community, we are asking that you follow the examples of more than 70 other Florida communities and pass a resolution in support of the Communities for a Lifetime initiative. By doing so, you will demonstrate to the seniors and other ' citizens of your community that you are serious about making a difference in the lives of older adults. How can your community begin the process of creating a Community for a Lifetime? A brief outline of suggested steps in the process includes: • Local government passes a resolution in support of the initiative and notifies the Department of Elder Affairs (DOEA); --http l/elderaffaft statell us- Communities for a Lifetime Invitation Page 2 • The community forms a committee to assess and inventory elements important for senior independence and care; • Upon completion of the self-assessment, the committee identifies areas in need of attention and incorporates them into a community action plan with a timeline for completion; • The completed inventory is sent to DOEA for review and recommendations; and • The community develops strategies to initiate partnerships and collaborations to address identified needs. Participation in the initiative will allow elders the option of aging in place with dignity, security and purpose, while offering communities, governments and citizens of all ages potential health, safety and economic benefits. I sincerely hope that you will accept this invitation and use it as a starting point to help your community flourish and achieve its full potential by embracing our seniors and truly creating a Community for a Lifetime where everyone benefits. For more information about starting this, beneficial initiative in your community, please contact Kimberly Lindsey, Communities for a Lifetime coordinator, at (850) 414-2000. Sincerely, Carole Green Secretary Enclosures V Z Q CL W a 0 W H 0 V W Z 0 V W j E- i- Z M U LL �- W Im uj = o H J O� LL cc m c O �' O �' m O N �+ O co O� Vc �NU oE o o • mo Oo �cUo OUO 'ca c co ca V ` �o 'UGomma.U c� o V o m o -p cc cc'o v o m o oU V o 0 o0 U so m Z m 2 cm m UJ m JU to U� p ti Z Z 2 J J J L a� c C O a CD 'D 3 � O .— m -0 -0 m O A O E U' a. ++ C: c ' E c 0 :3 U O C O m -w O U m C � caO0` C C c o V OU O C.) co 0 Mpw- go c mooU �mtQ m 0�.�m c %- c 00 U c,4- o po o o .o 0 6 .6 46 .6c =-O CL 0 V!OQ U cc a O U wO�caU VCP Um U 2U - U�1- U O UVUODUUU 0 0 0 6 0 O Wp cc m c O �' O �' m O N �+ O co O� Vc �NU oE o o • mo Oo �cUo OUO 'ca c co ca V ` �o 'UGomma.U c� o V o m o -p cc cc'o v o m o oU V o 0 o0 U so m Z m 2 cm m UJ m JU to U� p ti Z Z 2 J J J L 12 CDL w� 0 m E • � I? m a cc t T �i 12) m L o� E c„ 0 Q E LU 0 0 0 Cv v 0 U-) Go CD CD m m w m O c d1 C U cCO N� c O W Ea CL 0 V!OQ U cc a O U wO�caU VCP 0 U m 5O O O cc U2Z� w O 0 6 0 O Wp U mL0-0 �U¢U & ° UUU r v U c v o L) C.) U � 12 CDL w� 0 m E • � I? m a cc t T �i 12) m L o� E c„ 0 Q E LU 0 0 0 Cv v 0 U-) Go me L 1 L L 0 C .0 a m L CL 0 EE E 0 U c E E 0 U V C JC Q) cc co C O = ' O O CLU) O 0 O yO a) V V. O C O= V O V to O ..> O 0UJ0 oe to C� U O O 4-0 LLd AD0 O O O O O O O O .0 O O V O O O O •v1 C to CO U m U U U C) �,; U to to p U> CO) CO CO) > t U - Q3 � m cc 0 C N .0 ,C m m .0 V 0 p)= O U _'DmV-a�E amiya a) Cc m •n c> > � m O .0 is oC��,'CEa o �' � � � = Co „ Q� mo oU s m �YZa m a c 3 �o��o cu a) .a- g CL �S m a� c V� 0 m 4-01- m CD V Z 0 464-�4-.�ra.-4- CD 73 5r4-- O O 4- 0 0 0 p) p) O 0 to 0 0 0 0 0 0 0 0 O 4-4- 00 4- C O 0 5 0 OU CUUU»CU U = UUUUUUUU 'O UU to P -U o a a a a. cc Meeting Type: Regular Meeting Date: 04-04-06 AGENDA Heading Resolutions Item 7 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-12, ESTABLISHING AN AUDIT COMMITTEE DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the adoption of Resolution No. 2006-12, establishing an audit committee, as recommended by the city treasurer. Summary Explanation & Background: The audit committee is required by Florida Statute 218.391 to assist the City in selecting an auditor to conduct the annual financial audit. I recommend approval. Exhibits Attached: Resolution No. 2006-12; F. S. 218.391; Auditor Selection Procedures City Manage�Office �, Department ADMINISTRATION/FINANCE ----- - - ---- -- cap �.y �Eya+ac..� � LLu +iii-oe�++i-u-F E!tiily\zuuo\U4-V4-Ub\ZVVb-1Z.doc RESOLUTION NO. 2006-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ESTABLISHING AN AUDITOR SELECTION COMMITTEE PURSUANT TO SECTION 218.391(2), FLORIDA STATUTES; PROVIDING FOR THE AUDITOR SELECTION COMMITTEE'S SCOPE OF DUTIES; PROVIDING FOR AUDITOR SELECTION PROCEDURES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, section 218.391(2), Florida Statutes, requires that the City Council establish an Auditor Selection Committee for the primary purpose of assisting the City Council in selecting an auditor to conduct the annual financial audit required by section 218.39, Florida Statutes; and WHEREAS, once established, the Auditor Selection Committee may serve other audit oversight purposes as determined by the City Council; and WHEREAS, section 218.391(3), Florida Statutes, requires the Auditor Selection Committee to establish factors to use for the evaluation of audit services, to publicly announce requests for proposals, to provide interested firms with requests for proposals, to evaluate proposals provided by qualified firms, and to rank and recommend to the City Council, in order of preference, no fewer than three (3) firms deemed to be the most highly qualified to perform the required services; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated herein by reference. Section 2. Committee Established. The City Council hereby establishes an Auditor Selection Committee ("Committee") which shall consist of five (5) members. Committee members shall include the City Treasurer, the City Clerk and three (3) citizen volunteers appointed by the City Manager or the City Manager's designee. Section 3. Scone of Duties. The Committee shall serve in an advisory capacity to the City Council in selecting an auditor to conduct the annual financial audit required by section 218.39, Florida Statutes, and shall serve other audit oversight purposes as determined by the City Council. City of Cape Canaveral Resolution No. 2006-12 Page 1 of 6 Specifically, the Committee shall establish factors to use for the evaluation of audit services, publicly announce requests for proposals, provide interested firms with requests for proposals, and evaluate proposals provided by qualified firms. The Committee shall rank and recommend to the City Council, in order of preference, no fewer than three (3) firms deemed to be the most highly qualified to perform the required services. The Committee shall not have the authority to expend City funds. Committee members shall not receive compensation for their service on the Committee, but may receive reimbursement for expenses incurred in performing their duties, provided such expenses are approved in advance by the City Council or City Manager. All meetings of the Committee shall be open to the public in accordance with the Sunshine Law. Section 4. Auditor Selection Procedures. The following requirements and procedures shall be followed by the Committee: A. Request for Proposal ("RFP'). The Committee shall publicly announce, in a uniform and consistent manner, each occasion when independent auditing services are required to be purchased by the City. The public notice shall be published in a newspaper of general circulation in Brevard County and shall include a general description of the audit services required and indicate how interested certified public accountants can apply for consideration. The Committee shall provide RFP's to firms that have expressed an interest in providing audit services to the City. B. Proposal Evaluation. 1. Proposals will initially be reviewed by City staff for compliance with bid proposal requirements. Staff will prepare a checklist to reflect proposal compliance with the elements of the RFP. Staff will submit all proposals and the compliance checklist to the Committee, and will provide information as to which proposals it deems responsive and non-responsive. 2. The Committee shall evaluate the proposals based on the following requirements and criteria: a. The audit firm shall not otherwise be affiliated with the City. b. The audit firm shall be duly licensed to practice in the State of Florida pursuant to chapter 473, Florida Statutes. C. The audit firm's professional personnel shall be current in all continuing professional education credits for the two (2) years preceding the proposed contract effective date. d. Any other audits being performed by the audit firm shall not create a City of Cape Canaveral Resolution No. 2006-12 Page 2 of 6 conflict of interest with respect to the firm's audit of the City. e. The audit firm shall have a history of performing quality audits as demonstrated by recent external quality control reviews. f. The audit firm shall adhere to the instructions in the RFP in preparing and submitting the proposal. g. The audit firm shall demonstrate its past experience and performance with the City, if applicable, and other comparable government engagements. h. The audit firm shall demonstrate the quality and competency of its professional personnel to be assigned to the engagement, and the quality of its management support personnel available for technical consultation. i. The audit firm shall demonstrate its ability to furnish the required services to the City based upon its recent, current and projected workload. j. The audit firm shall demonstrate experience with applicable state and federal grant programs. k. The audit firm shall demonstrate the adequacy of its proposed staffing for various segments of the engagement. 1. The audit firm shall demonstrate the adequacy of its analytical procedures to be used in the engagement. in. The compensation proposed by the audit firm for its audit services will be considered in ranking the audit firms, but such fees will not be the sole or predominant factor used to evaluate proposals. C. Oral Presentations. After evaluation of the written proposals, the Committee shall develop a list of three (3) audit firms which it determines to be the best qualified to perform the requested audit services. Each of those firms shall be invited to make an oral presentation of the firm's qualifications to the Committee. The presentation shall include, but not be limited to: Qualifications and competency of professional personnel. 2. Ability to meet time requirements. Expertise and experience in municipal audits. City of Cape Canaveral Resolution No. 2006-12 Page 3 of 6 4. Past performance with the City and other local governments. Current and projected workloads. 6. Ancillary services. D. Audit Firm Recommendations. 1. After hearing and evaluating the oral presentations, each Committee member shall rank the audit firms, in order of preference, with "1" being the highest score and "3" being the lowest score. The audit firm with the most "1" rankings shall be considered the highest ranking firm. In the case of a tie for the highest ranking firm, the audit firm with the lowest total score shall be considered the highest ranking firm. However, if more than one audit firm received the same number of"1" rankings and have the same total score, the Committee shall be deemed deadlocked and the tied firms shall all be recommended to the City Council, which shall determine the most qualified firm based upon the established criteria. The remaining firms shall be ranked based on their total scores. If fewer than three (3) firms respond to the RFP, the Committee shall recommend to the City Council such firms as it deems to be the most highly qualified. 2. The Committee shall submit, in writing, its rankings and recommendation to the City Council. E. Contract Approval. 1. Unless otherwise provided in section D.(1) above for a tied ranking, the City Council, upon receipt of the Committee's recommendation, shall select the highest ranking qualified audit firm, as determined by the Committee, and negotiate a contract for audit services. Should the City Council decide against selecting the highest ranking qualified audit firm, the City Council shall document in its public records the reason for not selecting the highest ranking qualified firm. Nothing herein shall prohibit the City Council from requiring the recommended firms to conduct an additional oral presentation before the City Council. 2. The City Council may allow a designee to conduct negotiations on its behalf. 3. If the City Council is unable, to negotiate an acceptable contract with the highest ranking qualified firm, the City Council shall proceed to negotiate a contract with the next highest ranking qualified firm until an agreement for auditing services is reached. City of Cape Canaveral Resolution No. 2006-12 Page 4 of 6 4. If the City Council is unable to negotiate a satisfactory contract with any of the recommended firms, the Committee shall recommend additional firms, and negotiations shall continue in accordance with this procedure until an agreement for auditing services is reached. 5. Every procurement of audit services shall be evidenced by a written contract, as approved by the City Council, embodying all provisions and conditions of the procurement of such services. An engagement letter, signed and executed by both parties, shall constitute a written contract. At a minimum, the contract shall include the following: a. The services to be provided and the fees or other compensation for such services. b. A requirement that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. C. The term of the contract, including renewals, and conditions under which the contract may be terminated or renewed. 6. Written contracts for audit services entered into pursuant to this Resolution may be renewed without the use of the auditor selection procedures set forth herein; however, such renewals shall be in writing and approved by the City Council. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, 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 Resolution. Section 6. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. [SIGNATURE PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2006-12 Page 5 of 6 RESOLVED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2006. ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Leo Nicholas SUSAN STILLS, City Clerk Rocky Randels Buzz Petsos Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2006-12 Page 6 of 6 Statutes & Constitution :View Statutes :->2005->Ch0218->Section 391 : Online Sunshine Pagel of 3 Select Year: 2005 = , Go The 2005 Florida Statutes Title_W Chapter_ -z ..8 Yiew._Ertire TAXATION AND FINANCIAL MATTERS PERTAINING TO POLITICAL C-ha.pter FINANCE SUBDIVISIONS 218.391 Auditor selection procedures. -- (1) Each local governmental entity, district school board, charter school, or charter technical career center, prior to entering into a written contract pursuant to subsection (7), except as provided in subsection (8), shall use auditor selection procedures when selecting an auditor to conduct the annual financial audit required in s. 218.39. (2) The governing body of a charter county, municipality, special district, district school board, charter school, or charter technical career center shall establish an audit committee. Each noncharter county shall establish an audit committee that, at a minimum, shall consist of each of the county officers elected pursuant to s. 1(d), Art. VIII of the State Constitution, or a designee, and one member of the board of county commissioners or its designee. The primary purpose of the audit committee is to assist the governing body in selecting an auditor to conduct the annual financial audit required in s. 21.8._32; however, the audit committee may serve other audit oversight purposes as determined by the entity's governing body. The public shall not be excluded from the proceedings under this section. (3) The audit committee shall: (a) Establish factors to use for the evaluation of audit services to be provided by a certified public accounting firm duly licensed under chapter 473 and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy. Such factors shall include, but are not limited to, ability of personnel, experience, ability to furnish the required services, and such other factors as may be determined by the committee to be applicable to its particular requirements. (b) Publicly announce requests for proposals. Public announcements must include, at a minimum, a brief description of the audit and indicate how interested firms can apply for consideration. (c) Provide interested firms with a request for proposal. The request for proposal shalt include information on how proposals are to be evaluated and such other information the committee determines is necessary for the firm to prepare a proposal. (d) Evaluate proposals provided by qualified firms. If compensation is one of the factors established pursuant to paragraph (a), it shall not be the sole or predominant factor used to evaluate proposals. http://www.leg.state.fl.us/Statutes/index.cfm?App_ node=Display Statute&Search Strin... 03/30/2006 Statutes & Constitution :View Statutes :->2005->Ch0218->Section 391 : Online Sunshine Page 2 of 3 (e) Rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to paragraph (a). If fewer than three firms respond to the request for proposal, the committee shall recommend such firms as it deems to be the most highly qualified. (4) The governing body shall inquire of qualified firms as to the basis of compensation, select one of the firms recommended by the audit committee, and negotiate a contract, using one of the following methods: (a) If compensation is not one of the factors established pursuant to paragraph (3)(a) and not used to evaluate firms pursuant to paragraph (3)(e), the governing body shall negotiate a contract with the firm ranked first. If the governing body is unable to negotiate a satisfactory contract with that firm, negotiations with that firm shall be formally terminated, and the governing body shall then undertake negotiations with the second -ranked firm. Failing accord with the second -ranked firm, negotiations shall then be terminated with that firm and undertaken with the third -ranked firm. Negotiations with the other ranked firms shall be undertaken in the same manner. The governing body, in negotiating with firms, may reopen format negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. (b) If compensation is one of the factors established pursuant to paragraph (3)(a) and used in the evaluation of proposals pursuant to paragraph (3)(d), the governing body shall select the highest -ranked qualified firm or must document in its public records the reason for not selecting the highest -ranked qualified firm. (c) The governing body may select a firm recommended by the audit committee and negotiate a contract with one of the recommended firms using an appropriate alternative negotiation method for which compensation is not the sole or predominant factor used to select the firm. (d) In negotiations with firms under this section, the governing body may allow a designee to conduct negotiations on its behalf. (5) The method used by the governing body to select a firm recommended by the audit committee and negotiate a contract with such firm must ensure that the agreed-upon compensation is reasonable to satisfy the requirements of s. 218.39 and the needs of the governing body. (6) If the governing body is unable to negotiate a satisfactory contract with any of the recommended firms, the committee shall recommend additional firms, and negotiations shalt continue in accordance with this section until an agreement is reached. (7) Every procurement of audit services shall be evidenced by a written contract embodying all provisions and conditions of the procurement of such services. For purposes of this section, an engagement letter signed and executed by both parties shall constitute a written contract. The written contract shall, at a minimum, include the following: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search Strin... 03/30/2006 Statutes & Constitution :View Statutes :->2005->Ch0218->Section 391 : Online Sunshine Page 3 of 3 (a) A provision specifying the services to be provided and fees or other compensation for such services. (b) A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract. (c) A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. (8) Written contracts entered into pursuant to subsection (7) may be renewed. Such renewals may be done without the use of the auditor selection procedures provided in this section. Renewal of a contract shall be in writing. History. --s. 65, ch. 2001-266; s. 1, ch. 2005-32. Copyright O 1995-2005 The Florida Legislature • Privacy Statement • Contact Us http://www.leg. state. fl.us/Statutes/index. cfm?App_mode=Display_Statute&Search_Strin... 03/30/2006 CITY OF CAPE CANAVERAL AUDITOR SELECTION PROCEEDURES A. The Audit Committee: There is hereby created an Audit Committee to review proposals and make recommendations to the City Council regarding the retention of certified public accountants to perform auditing services for the City. The committee shall consist of five (5) members, who shall be three (3) citizens' volunteers, selected by the City Manager, the City Treasurer and the City Clerk. B. Request for Proposal (RFP): The City shall publicly advertise each occasion when independent auditing services are required to be purchased. Notice of the RFP shall be published in a newspaper complying with Ch. 50, Florida Statutes. The notice shall include a general description of the audit services required and indicate how interested certified public accounts can apply. The City shall mail requests for proposals to firms that have expressed an interest in providing audit services to the City. C. Proposal Evaluation: 1) Proposals will initially be reviewed by City staff for compliance with bid proposal requirements. Staff will prepare a checklist to reflect proposal compliance with the elements of the Request for Proposal. Staff will submit all proposals and the compliance checklist to the Audit Committee, and will provide information as to which proposals it deems responsive and nonresponsive. 2) The Audit Committee shall evaluate the proposals based on the following criteria: a) The audit firm may not be affiliated with the City of Cape Canaveral. b) The audit firm is currently licensed to practice in the State of Florida C) The audit firm's professional personnel are current in all continuing professional education credits for the two years preceding the proposed contract effective date. d) The audit firm has no conflict of interest with regard to any other performed by the firm with regard to the City of Cape Canaveral. e) The audit firm has a history of performing quality audits as demonstrated by recent external quality control reviews. f) The audit firm adhered to the instructions in the Request for Proposals in preparing and submitting the proposal. g) The audit firm's past experience and performance on comparable government engagements. h) The quality and competency of the audit firm's professional personnel to be assigned to the engagement, and the quality of the audit firm's management support personnel available for technical consultation. i) Recent, current and projected workload of the audit firm. j) The audit firm's experience with applicable state and federal grant programs. k) The adequacy of the audit firm's proposed staffing for various segments of the engagement. 1) The adequacy of the audit firm's analytical procedures to be used in the engagement. m) Fees - The fees proposed by the audit firm for the audit services will be considered in the ranking the audit firms, but cost will not be the primary factor in the auditor selection process. D. Oral Presentations: After evaluation of the written proposals, the Audit Committee shall develop a list of three audit firms which it determines to be the best qualified to perform the requested audit services. Each of those firms shall be invited to make an oral presentation of the firm's qualifications to the Committee. The presentation shall include, but not be limited to: 1) Qualifications and competency of professional personnel. 2) Ability to meet time requirements. 3) Expertise and experience in municipal audits 4) Past performance with the City and other local governments. 5) Current and projected workloads 6) Ancillary services E. Audit Firm Recommendations: After hearing the oral presentation, the Audit Committee shall rank the firms, with number one being the highest score. The firm with the most number one votes shall be the top ranked firm. In the case of a tie for the first place, the firm with the lowest total score shall be the top ranked firm. The remaining firms shall be ranked based on their total scores. F. Contract Approval: The recommendations of the Committee, with its back-up, shall be submitted to the City Council for its review and award of a contract for auditing services, or such other action it deems appropriate. Action by City Council shall be made based upon the same criteria as that utilized by the Committee. G. Public Access: All meetings of the Audit Committee shall be open to the public. Meeting Type: Regular Meeting Date: 04-04-06 AGENDA Heading Resolutions Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-13, ESTABLISHING A DEFERRED COMPENSATION PLAN DEPT/DIVISION: ADMINISTRATION/FINANCE Requested Action: City Council consider the adoption of Resolution No. 2006-13, establishing a Deferred Compensation Plan with the Florida Municipal Pension Trust Fund. Summary Explanation & Background: This will allow employees to make tax deferred contributions to their retirement accounts. I recommend approval. Exhibits Attached: Resolution No. 2006-13 and Plan Documents City Manager's -ice ." Department ADMINISTRATION/FINANCE cape- im\myd current n\council\mee ing\2006\04-04-06\2006-13 PO RESOLUTION NO. 2006-13 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING A DEFERRED COMPENSATION PLAN; PROVIDING FOR EXECUTION OF TRUST JOINDER AGREEMENT; PROVIDING FOR ADOPTION OF DEFERRED COMPENSATION PLAN; PROVIDING FOR ACKNOWLEDGEMENT OF MASTER TRUSTEES; PROVIDING FOR EXECUTION OF AN ADOPTION AGREEMENT; PROVIDING FOR ABIDING BY TERMS AND ACCEPTANCE OF SERVICES; PROVIDING FOR TERMINATION OF PARTICIPATION; PROVIDING FOR ACKNOWLEDGEMENT REGARDING ASSETS; PROVIDING FOR APPROVAL BY MASTER TRUSTEES; PROVIDING FOR FULL FORCE AND EFFECTIVENESS; PROVIDING FOR REPEAL OF CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral, Florida, (hereinafter referred to as the "Participating Employer") has determined that in the interest of attracting and retaining qualified employees, it wishes to offer a deferred compensation plan; WHEREAS, the Participating Employer has also determined that it wishes to encourage employees' saving for retirement by offering salary reduction contributions; WHEREAS, the Participating Employer has reviewed the Florida Municipal Pension Trust Fund ("FMPTF") Deferred Compensation Plan ("Plan"); WHEREAS, the Participating Employer wishes to participate in the Plan to provide certain benefits to its employees, reduce overall administrative costs, and afford attractive investment opportunities; WHEREAS, the Participating Employer is an Employer as defined in the Plan; WHEREAS, the Participating Employer shall execute a Trust Joinder Agreement to become a party to the FMPTF Master Trust Agreement as a condition of participating in the Plan; WHEREAS, the Participating Employer shall execute an Adoption Agreement for the Plan; and WHEREAS, the Cape Canaveral City Council is authorized by law to adopt this resolution approving the Trust Joinder Agreement and the Adoption Agreement; Therefore, the City of Cape Canaveral, Florida hereby resolves: Section 1. The Participating Employer authorizes the execution of the Trust Joinder Agreement for the Participating Employer to become a party to the FMPTF Master Trust Agreement. The FMPTF Master Trust Agreement, as may be amended by the Master Trustees of the FMPTF Deferred Compensation Plan ("Master Trustees"), shall be attached to and made a part of the Trust Joinder Agreement. Section 2. The Participating Employer adopts the FMPTF Deferred Compensation Plan for its Employees. The Plan, as may be amended by the Master Trustees, is attached hereto as Exhibit 1 and is made a part of this Resolution. Section 3. The Participating Employer acknowledges that the Master Trustees are only responsible for the Plan and have no responsibility for other employee benefit plans maintained by the Participating Employer. Section 4. The Participating Employer hereby adopts the terms of the Adoption Agreement, which is attached hereto as Exhibit 2 and is made a part of this Resolution. The Adoption Agreement sets forth the Employees to be covered by the Plan, the benefits to be provided by the Participating Employer under the Plan, and any conditions imposed by the Participating Employer with respect to, but not inconsistent with, the Plan. The Participating Employer reserves the right to amend its elections under the Adoption Agreement, so long as the amendment is not inconsistent with the Plan, the FMPTF Master Trust Agreement or the Internal Revenue Code or other applicable law and is approved by the Master Trustees of the Plan. Section 5. (a) The Participating Employer shall abide by the terms of the Plan and the FMPTF Master Trust Agreement, including amendments to the Plan and the FMPTF Master Trust Agreement made by the Master Trustees, all investment, administrative, and other service agreements of the Plan and the FMPTF Master Trust Agreement, and all applicable provisions of the Internal Revenue Code or other applicable law. (b) The Participating Employer accepts the administrative services to be provided by Florida League of Cities, Inc. and any services provided by a service manager as delegated by the Master Trustees. The Participating Employer acknowledges that fees will be imposed with respect to the services provided and that such fees may be deducted from the Participating Employees' accounts. Section 6. (a) The Participating Employer may terminate its participation in the Plan, if it takes the following actions: (i) A resolution must be adopted terminating its participation in the Plan. (ii) The resolution must specify when the participation will end. The Master Trustees shall determine whether the resolution complies with the Plan, the FMPTF Master Trust Agreement, and all applicable federal and state laws, shall determine an appropriate effective date, and shall provide appropriate forms to terminate ongoing participation. However, distributions under the Plan of existing accounts to Participating Employees will be made in accordance with the Plan. (b) The Participating Employer acknowledges that the Plan and the FMPTF Master Trust Agreement contain provisions for involuntary Plan termination. Section 7. The Participating Employer acknowledges that all assets held in connection with the Plan, including all contributions to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or rights shall be held in trust for the exclusive benefit of Participating Employees and their Beneficiaries under the Plan. No part of the assets and income of the Plan shall be used for, or diverted to, purposes other than for the exclusive benefit of Participating Employees and their Beneficiaries and for defraying reasonable expenses of the Plan. All amounts of compensation deferred pursuant to the Plan, all property and rights acquired or purchased with such amounts and all income attributable to such amounts, property or rights held as part of the Plan, shall be transferred to the Master Trustees to be held, managed, invested and distributed as part of the Master Trust Fund in accordance with the provisions of the Plan and the FMPTF Master Trust Agreement. All contributions to the Plan must be transferred by the Participating Employer to the Master Trust Fund. All benefits under the Plan shall be distributed solely from the Master Trust Fund pursuant to the Plan. Section 8. This Resolution, the Trust Joinder Agreement and the Adoption Agreement shall be submitted to the Master Trustees for their approval. The Master Trustees shall determine whether the Resolution complies with the Plan and the FMPTF Master Trust Agreement, and, if it does, shall provide appropriate forms to the Participating Employer to implement participation in the Plan. The Master Trustees may refuse to approve an Adoption Agreement by an Employer that does not have proper authority to participate in the Plan. The Cape Canaveral City Council hereby acknowledges that it is responsible to assure that this Resolution, the Trust Joinder Agreement and the Adoption Agreement are adopted and executed in accordance with the requirements of applicable law. Section 9. This Resolution shall remain in full force and effect until supplemented, amended, repealed or otherwise altered. Section 10. This Resolution hereby repeals all resolutions in conflict herewith. Section 11. This Resolution shall become effective immediately upon its adoption. Adopted by the City Council, City of Cape Canaveral, Florida on April 4th, 2006. ATTEST: Susan Stills, City Clerk Approved as to Form: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name Yes No Robert Hoog James Morgan Leo Nicholas Buzz Petsos Rocky Randels TRUST JOINDER AGREEMENT FOR DEFERRED COMPENSATION PLANS UNDER FLORIDA MUNICIPAL PENSION TRUST FUND MASTER TRUST AGREEMENT THIS TRUST JOINDER AGREEMENT, between the City of Cape Canaveral, Brevard County, Florida (herein referred to as the "Participating Employer") and the Master Trustees of the Florida Municipal Pension Trust Fund (herein referred to as the "Master Trustee"). WITNESSETH: WHEREAS, the Participating Employer desires to provide a deferred compensation plan for the sole and exclusive benefit of its Participating Employees and their Beneficiaries, and for such purposes adopted Resolution No. 2006-13 on the 4th day of April, 2006, providing for the establishment of a deferred compensation plan; WHEREAS, said Resolution authorizes participation in the Florida Municipal Pension Trust Fund ("FMPTF") and further authorizes the execution of this Trust Joinder Agreement to become a party to the FMPTF Master Trust Agreement; and WHEREAS, the Participating Employer desires to submit this Trust Joinder Agreement to the Master Trustee to become a party to the FMPTF Master Trust Agreement; THEREFORE, in consideration of the mutual covenants and agreements flowing to each of the parties hereto, it is agreed as follows: Both parties to this Trust Joinder Agreement agree that the City of Cape Canaveral, Brevard County, Florida is a Participating Employer as provided in the Florida Municipal Pension Trust Fund Master Trust Agreement ("Master Trust Agreement"). 1. As provided in the plan provisions selected by the Participating Employer, the Participating Employer shall make timely contributions or shall timely forward contributions made by Participating Employees for the deferred compensation plan. 2. The Participating Employer agrees to provide all initial and update all relevant Participating Employee information required under the deferred compensation plan to the Administrator designated by the Master Trustee. The Participating Employer shall certify said information to be correct to the best of its knowledge and the Master Trustee and the Administrator shall have the right to rely on the accuracy of said information in performing contractual responsibilities. 3. The Participating Employer has the responsibility to provide the Administrator designated by the Master Trustee, in a timely manner, all information concerning Participating Employee termination. The Participating Employer shall certify said information to be correct to the best of its knowledge and the Master Trustee and the Administrator shall have the right to rely on the accuracy of said information in performing contractual responsibilities. 4. The parties to this Trust Joinder Agreement agree to abide by and be bound by the terms, duties, rights and obligations of the parties as set forth in the Florida Municipal Pension Trust Fund Master Trust Agreement, as may be amended by the Master Trustees, which is attached hereto and is made a part of this Trust Joinder Agreement. 5. Either party may terminate this Trust Joinder Agreement by giving at least 60 days notice in writing to the other party. Any termination shall be governed by the provisions of the Florida Municipal Pension Trust Fund Master Trust Agreement and the plan document for the deferred compensation plan. IN WITNESS WHEREOF, the Participating Employer has caused this Trust Joinder Agreement to be executed and the signature of its authorized officer affixed this 4th day of April, 2006. ATTEST: DATE: CITY OF CAPE CANAVERAL BY: Signature Rocky Randels, Mayor FLORIDA MUNICIPAL PENSION TRUST FUND Secretary - Treasurer Florida Municipal Pension Trust Fund 457(b) Deferred Compensation Plan Adoption Agreement Please tell us about the Participating Employer: Name of Government Entity City of Cape Canaveral Address 105 Polk Avenue Address P. O. Box 326 City -State -Zip Cape Canaveral, FL 32920 ❑ other [specify]: Individual to Receive Plan Notices Susan Stills Title City Clerk Telephone 321-868-1230 Fax 321-868-1248 e-mail Stills-cape@cfl.rr.com Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Fax: (850) 222-3806 Contact: Paul Shamoun, Retirement Services Manager, PTShamounCa_flcities.com Plan Provisions The Participating Employer will use FMPTF's § 457(b) Deferred Compensation Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: October 1 — September 30 Payroll Periods The payroll period of the Participating Employer is: ❑ weekly bi-weekly ❑ semi-monthly ❑ monthly ❑ other [specify]: © Florida Municipal Pension Trust Fund Florida League of Cities, Inc. Florida Municipal Pension Trust Fund § 457(b) Deferred Compensation Plan Adoption Agreement Who's eligible? Covered Departments A Participating Employer may cover all of its departments in the Plan or only those listed: All Departments ❑ Covered Departments (must specify) Any Employee from a covered department (and any natural person or independent contractor who is an elected or appointed official or officer) is eligible to make § 457(b) Plan deferrals from his or her wages or fees paid by the Participating Employer. An Employee is eligible to begin participation immediately upon enrollment into Plan by completing the required documents. Changing and Terminating this Adoption Agreement If a Participating Employer desires to amend any of its elections contained in this Adoption Agreement, the Participating Employer by official action must adopt an amendment to the Adoption Agreement or a new Adoption Agreement must be adopted and forwarded to the FMPTF for approval. This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 457(b) Deferred Compensation Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. CITY OF CAPE CANAVERAL BY: Date Rocky Randels, Mayor Accepted for the: Florida Municipal Pension Trust Fund By the Administrator.- Florida dministrator: Florida League of Cities, Inc Date Meeting Type: Regular Meeting Date: 04-04-06 AGENDA Heading Discussion Item 9 No. Attached for your review is the 2006 Guide to the Sunshine Amendment and Code of Ethics for Public Officers and AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: BALLOT QUESTION AMENDING THE CITY CHARTER, ARTICLE III, SECTION 1, ELECTED OFFICERS, QUALIFICATIONS AND TERMS DEPT/DIVISION: LEGISLATIVE Requested Action: Mayor Pro Tem Bob Hoog is requesting City Council consider a ballot question amending the City Charter, Article III, Section 1, Elected Officers, Qualifications and Terms, adding ethics violations language for removal from elected office. Summary Explanation & Background: Discussion item only. Attached for your review is the 2006 Guide to the Sunshine Amendment and Code of Ethics for Public Officers and Employees. The penalty section is on Page 19 of this guide. Exhibits Attached: Charter Article III, Section 1 City Managerffice Department LEGISLATIVE uuy�ciµ tnttG.ty r5\aclmiii%cou eting\2006\09-04-06\1)allot.doc § 1 CAPE CANAVERAL CODE other acts and perform all other functions Sec. 3. Compensation of officers. reasonably required for the protection of the public welfare, and the rights and The City Council may, by Ordinance, provide privileges of the inhabitants of said City. for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. ARTICLE III. ELECTED OFFICERS, (Ord. No. 30-94, § 1, 8-2-94) QUALIFICATIONS AND TERMS* Sec. 4. Vacancies in elected offices. Sec. 1. Qualifications of mayor and council - members. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have and possess the qualifications of electors therein. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his or her office and his or her seat shall immediately be- come vacant. Absence from four consecutive reg- ular meetings of the City Council, or from thirty percent of the meetings held annually, shall oper- ate to vacate the seat of a member of the City Council or the office of the Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. (Ord. No. 14-89, § 1, 10-17-89; Ord. No. 38-93, § 2, 10-19-93) Sec. 2. Appointed officers. The City Council shall have the power to ap- point, employ and remove from office such officers and employees of the City as the City Council shall deem necessary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmembers. The City Council shall fix the compensation of all appointed officers of the City by resolution. The appointed officers shall be those of the City Man- ager and the City Attorney. (Amended by election, 11-8-83; Ord. No. 38-93, § 3, 10-19-93) *state law reference ---Elections, state election code, F.S. chs. 97-106. If any vacancy occurs in the City Council for any reason other than the recall of a Council Person, or a vacancy occurring due to a Council Member's resignation pursuant to F.S. 99.012(3) commonly referred to as the "resign to run law," the City Council shall, within thirty (30) days following the occurrence of a vacancy, elect a successor Council Member who shall serve until the next General Election. At the next General Election, the vacant position shall be filled by a vote of the electors for the remainder of the original term. Any Council Member so elected shall take office immediately upon that person's election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Council Members to fill the vacancies on the City Council and appoint successor Council Members to fill the vacancies on the City Council and any Council Members so appointed shall serve until their successors shall be elected and qualified. The City Council shall call a special election to fill the unexpired terms of office of the Council Mem- bers whose seats become vacant, and said election shall be held within sixty (60) days following the said appointments by the Governor. If such ap- pointments shall be made within six (6) months of the next General Election, no special election shall be required but those offices shall be filled at such General Election. If there shall be a vacancy in the office of Mayor, the Mayor Pro Tem shall serve as Mayor until the next General Election of the City, at which time an election shall be held for the unexpired term of the vacated office of Mayor. If a vacancy occurs in the City Council, due to a resignation pursuant to the resign to run provision of F.S. 99.012(3), then the vacancy shall be filled by a vote of the electors of the City for the remainder of the original term at the same elec- tion for which the vacating Council Member seeks Supp. No. 7 CHT.8 FLORIDA COMMISSION ON ETHICS 2006 GUIDE TO THE SUNSHINE AMENDMENT and CODE OF ETHICS for PUBLIC OFFICERS and EMPLOYEES State of Florida COMMISSION ON ETHICS Thomas P. Scarritt, Chair Tampa Mike Carr Naples Charles Lydecker Daytona Beach Christopher T. McCrae Tallahassee Richard L. Spears Orlando Bonnie J. Williams Executive Director P.O. Drawer 15709 Tallahassee, FL 32317-5709 www. eth i cs . sta to ft u s (850) 488-7864* *Please direct all requests for information to this number. 1 Kurt D. Jones Pensacola Albert P. Massey, III Ft. Lauderdale Norman M. Ostrau Plantation Catherine B. Whatley Jacksonville TABLE OF CONTENTS I. HISTORY OF FLORIDA'S ETHICS LAWS........................................................................................................4 II. ROLE OF THE COMMISSION ON ETHICS...................................................................................................... 4 III, THE ETHICS LAWS...........................................................................................................................................5 A. PROHIBITED ACTIONS OR CONDUCT...................................................................................................... 5 1. Solicitation or Acceptance of Gifts........................................................................................................... 5 2. Unauthorized Compensation................................................................................................................... 6 3. Misuse of Public Position......................................................................................................................... 6 4. Disclosure or Use of Certain Information................................................................................................. 6 5. Solicitation or Acceptance of Honoraria.................................................................................................. 6 B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS............................................................ 7 1. Doing Business With One's Agency........................................................................................................ 7 2. Conflicting Employment or Contractual Relationship.............................................................................. 7 3. Exemptions.............................................................................................................................................. 7 4. Additional Exemption...............................................................................................................................8 5. Lobbying State Agencies by Legislators.................................................................................................. 8 6. Employees Holding Office....................................................................................................................... 9 7. Professional & Occupational Licensing Board Members........................................................................ 9 8. Contractual Services: Prohibited Employment........................................................................................9 9. Local Government Attorneys................................................................................................................... 9 C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH RELATIVES..................9 D. POST OFFICEHOLDING AND EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS ......................... 10 1. Lobbying By Former Legislators, Statewide Elected Officers, and Appointed State Officers ............... 10 2. Lobbying By Former State Employees.................................................................................................. 10 3. Additional Restrictions on Former State Employees............................................................................. 11 4. Lobbying By Former Local Government Officers and Employees........................................................ 11 E. VOTING CONFLICTS OF INTEREST........................................................................................................ 11 F. DISCLOSURES...........................................................................................................................................12 1. Form 1 - Limited Financial Disclosure................................................................................................... 13 2. Form 1 F - Final Form 1.......................................................................................................................... 15 3. Form 2 - Quarterly Client Disclosure..................................................................................................... 15 4. Form 6 - Full and Public Disclosure....................................................................................................... 16 5. Form 6F - Final Form 6.......................................................................................................................... 16 6. Form 9 - Quarterly Gift Disclosure......................................................................................................... 16 7. Form 10 - Annual Disclosure of Gifts from Governmental Entities and Direct Support Organizations and Honorarium Event -Related Expenses ............................................. 17 2 8. Form 30 - Donor's Quarterly Gift Disclosure......................................................................................... 18 9. Form 1X and 6X -Amendments ............................................................................................................ 18 IV. AVAILABILITY OF FORMS.............................................................................................................................. 18 V. PENALTIES......................................................................................................................................................19 A. For Violations of the Code of Ethics............................................................................................................ 19 B. For Violations by Candidates......................................................................................................................19 C. For Violations by Former Officers and Employees.. .................................................................................... 19 D. For Lobbyists and Others............................................................................................................................ 19 E. Felony Convictions: Forfeiture of Retirement Benefits................................................................................ 20 F. Automatic Penalties for Failure to File Annual Disclosure.......................................................................... 20 VI. ADVISORY OPINIONS.................................................................................................................................... 20 A. Who Can Request An Opinion.................................................................................................................... 20 B. How To Request An Opinion....................................................................................................................... 20 C. How to Obtain Published Opinions.............................................................................................................. 20 VII. COMPLAINTS.................................................................................................................................................. 21 A. Citizen Responsibility.................................................................................................................................. 21 B. Confidentiality..............................................................................................................................................21 C. How the Complaint Process Works............................................................................................................ 21 D. Dismissal of Complaint at Any Stage of Disposition................................................................................... 22 E. Statute of Limitations...................................................................................................................................22 Vlll. EXECUTIVE BRANCH LOBBYING................................................................................................................. 22 IX. WHISTLE -BLOWER'S ACT............................................................................................................................. 23 X. ADDITIONAL INFORMATION..........................................................................................................................23 XI. ONLINE TRAINING..........................................................................................................................................24 3 I. HISTORY OF FLORIDA'S ETHICS LAWS Florida has been a leader among the states in establishing ethics standards for public officials and recognizing the right of her people to protect the public trust against abuse. Our state constitution was revised in 1968 to require that a code of ethics for all state employees and non -judicial officers prohibiting conflict between public duty and private interests be prescribed by law. Florida's first successful constitutional initiative resulted in the adoption of the "Sunshine Amendment" in 1976, providing additional constitutional guarantees concerning ethics in government. In the area of enforcement, the Sunshine Amendment requires that there be an independent commission (the Commission on Ethics) to investigate complaints concerning breaches of public trust by public officers and employees other than judges. The "Code of Ethics for Public Officers and Employees" adopted by the Legislature is found in Chapter 112 (Part III) of the Florida Statutes. Foremost among the goals of the Code is to promote the public interest and maintain the respect of the people for their government. The Code is also intended to ensure that public officials conduct themselves independently and impartially, not using their offices for private gain other than compensation provided by law. While seeking to protect the integrity of government, the Code also seeks to avoid the creation of unnecessary barriers to public service. Criminal penalties which initially applied to violations of the Code were eliminated in 1974 in favor of administrative enforcement. The Legislature created the Commission on Ethics that year "to serve as guardian of the standards of conduct" for public officials, state and local. Five of the Commission's nine members are appointed by the Governor, and two each are appointed by the President of the Senate and Speaker of the House of Representatives. No more than five Commission members may be members of the same political party, and none may hold any public employment during their two-year terms of office. A chair is selected from among the members to serve a one-year term and may not succeed himself or herself. II. ROLE OF THE COMMISSION ON ETHICS In addition to its constitutional duties regarding the investigation of complaints, the Commission: • Renders advisory opinions to public officials; • Prescribes forms for public disclosure; 4 • Prepares mailing lists of public officials subject to financial disclosure for use by Supervisors of Elections and the Commission in distributing forms and notifying delinquent filers; • Makes recommendations to disciplinary officials when appropriate for violations of ethics and disclosure laws, since it does not impose penalties; • Administers the Executive Branch Lobbyist Registration Law; • Maintains financial disclosure filings of constitutional officers and state officers and employees; • Administers automatic fines for public officers and employees who fail to timely file required annual financial disclosure; • May file suit to void contracts. III. THE ETHICS LAWS The ethics laws generally consist of two types of provisions, those prohibiting certain actions or conduct and those requiring that certain disclosures be made to the public. The following descriptions of these laws are simplified to put people on notice of their requirements. Therefore, we also suggest that you review the wording of the actual law. Citations to the appropriate laws are contained in brackets. The laws summarized below apply generally to all public officers and employees, state and local, including members of advisory bodies. The principal exception to this broad coverage is the exclusion of judges, as they fall within the jurisdiction of the Judicial Qualifications Commission. A. PROHIBITED ACTIONS OR CONDUCT 1. Solicitation and Acceptance of Gifts Public officers, employees, local government attorneys, and candidates are prohibited from soliciting or accepting anything of value, such as a gift, loan, reward, promise of future employment, favor, or service, that is based on an understanding that their vote, official action, or judgment would be influenced by such gift. [Sec. 112.313(2), Fla. Stat.] A person required to file financial disclosure FORM 1 or FORM 6 (see part III F of this brochure), as well as a procurement employee for the State, is prohibited from soliciting any gift from a political committee, committee of continuous existence, lobbyist who has lobbied his or her agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist. [Section 112.3148, Fla. Stat.] A person required to file FORM 1 or FORM 6, as well as a State procurement employee, is prohibited from directly or indirectly accepting a gift worth over $100 from such a lobbyist, from a partner, firm, employer, or principal of the lobbyist, or from a political committee or committee of continuous existence. [Section 112.3148, Fla. Stat.] 5 However, notwithstanding Section 112.3148, Fla. Stat., no Executive Branch lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official, member, or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts valued at less than $100 that were formerly permissible under Section 112.3148, Fla. Stat. [Sec. 112.3215, Fla. Stat., as amended by Ch. 2005-359, L.O.F.] 2. Unauthorized Compensation Public officers or employees, local government attorneys, and their spouses and minor children are prohibited from accepting any compensation, payment, or thing of value when they know, or with the exercise of reasonable care should know, that it is given to influence a vote or other official action. [Sec. 112.313(4), Fla. Stat.] 3. Misuse of Public Position Public officers and employees, and local government attorneys are prohibited from corruptly using or attempting to use their official positions to obtain a special privilege for themselves or others. [Sec. 112.313(6), Fla. Stat.] 4. Disclosure or Use of Certain Information Public officers and employees, and local government attorneys are prohibited from disclosing or using information not available to the public and obtained by reason of their public positions for the personal benefit of themselves or others. [Sec. 112.313(8), Fla. Stat.] 5. Solicitation or Acceptance of Honoraria A person required to file financial disclosure FORM 1 or FORM 6 (see part III F of this brochure), as well as a procurement employee for the State, is prohibited from soliciting an honorarium which is related to his or her public office or duties. [Section 112.3149, Fla. Stat.] A person required to file FORM 1 or FORM 6, as well as a State procurement employee, is prohibited from knowingly accepting an honorarium from a political committee, committee of continuous existence, lobbyist who has lobbied the person's agency within the past 12 months, or the partner, firm, employer, or principal of such a lobbyist. However, he or she may accept the payment of expenses related to an honorarium event from such individuals or entities, provided that the expenses are disclosed. See part III F of this brochure. [Section 112.3149, Fla. Stat.] Lobbyists and their partners, firms, employers, and principals, as well as political committees and committees of continuous existence, are prohibited from giving an honorarium to persons required to file FORM 1 or FORM 6 and to State procurement employees. Violations of this law may result in fines of up to $5,000 and prohibitions against lobbying for up to two years. [Section 112.3149, Fla. Stat.] However, notwithstanding Section 112.3149, Fla. Stat., no Executive Branch lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official, member, or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include honorarium event related expenses that were formerly permissible but disclosible under Section 112.3149, Fla. Stat. [Sec. 112.3215, Fla. Stat., as amended by Ch. 2005-359, L.O.F.] B. PROHIBITED EMPLOYMENT AND BUSINESS RELATIONSHIPS 1. Doing Business With One's Agency (a) A public employee acting as a purchasing agent, or public officer acting in an official capacity, is prohibited from purchasing, renting, or leasing any realty, goods, or services for his or her agency from a business entity in which the officer or employee, his or her spouse, or child own more than a 5% interest. [Sec. 112.313(3), Fla. Stat.] (b) A public officer or employee, acting in a private capacity, also is prohibited from renting, leasing, or selling any realty, goods, or services to his or her own agency if the officer or employee is a state officer or employee, or, if he or she is an officer or employee of a political subdivision, to that subdivision or any of its agencies. [Sec. 112.313(3), Fla. Stat.] 2. Conflicting Employment or Contractual Relationship (a) A public officer or employee is prohibited from holding any employment or contract with any business entity or agency regulated by or doing business with his or her public agency. [Sec. 112.313(7), Fla. Stat.] (b) A public officer or employee also is prohibited from holding any employment or having a contractual relationship which will pose a frequently recurring conflict between private interests and public duties or which will impede the full and faithful discharge of public duties. [Sec. 112.313(7), Fla. Stat.] (c) Limited exceptions to this prohibition have been created in the law for legislative bodies, certain special tax districts, drainage districts, and persons whose professions or occupations qualify them to hold their public positions. [Sec. 112.313(7)(a) & (b), Fla. Stat.] 3. Exemptions—The prohibitions against doing business with one's agency and having conflicting employment may not apply: (a) When the business is rotated among all qualified suppliers in a city or county. (b) When the business is awarded by sealed, competitive bidding and the official, his or her spouse, or child have not attempted to persuade agency personnel to enter the contract. NOTE: Disclosure of the interest of the official, spouse, or child and the nature of the business must be filed prior to or at the time of submission of the bid on 7 Commission FORM 3A with the Secretary of State or Supervisor of Elections, depending on whether the official serves at the state or local level. (c) When the purchase or sale is for legal advertising, utilities service, or for passage on a common carrier. (d) When an emergency purchase must be made to protect the public health, safety, or welfare. (e) When the business entity is the only source of supply within the political subdivision and there is full disclosure of the official's interest to the governing body on Commission FORM 4A. (f) When the aggregate of any such transactions does not exceed $500 in a calendar year. (g) When the business transacted is the deposit of agency funds in a bank of which a county, city, or district official is an officer, director, or stockholder, so long as agency records show that the governing body has determined that the member did not favor his or her bank over other qualified banks. (h) When the prohibitions are waived in the case of ADVISORY BOARD MEMBERS by the appointing person or by a two-thirds vote of the appointing body (after disclosure on Commission FORM 4A). (i) When the public officer or employee purchases in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a business entity which is doing business with his or her agency. Q) When the public officer or employee in a private capacity purchases goods or services from a business entity which is subject to the regulation of his or her agency where the price and terms of the transaction are available to similarly situated members of the general public and the officer or employee makes full disclosure of the relationship to the agency head or governing body prior to the transaction. [Sec. 112.313(12), Fla. Stat.] 4. Additional Exemption No elected public officer is in violation of the conflicting employment prohibition when employed by a tax exempt organization contracting with his or her agency so long as the officer is not directly or indirectly compensated as a result of the contract, does not participate in any way in the decision to enter into the contract, abstains from voting on any matter involving the employer, and makes certain disclosures. [Sec. 112.313(14), Fla. Stat.] 5. Lobbying State Agencies By Legislators A member of the Legislature is prohibited from representing another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals. [Art II, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.] 8 6. Employees Holding Office A public employee is prohibited from being a member of the governing body which serves as his or her employer. [Sec. 112.313(10), Fla. Stat.] 7. Professional and Occupational Licensing Board Members An officer, director, or administrator of a state, county, or regional professional or occupational organization or association, while holding such position, may not serve as a member of a state examining or licensing board for the profession or occupation. [Sec. 112.313(11), Fla. Stat.] 8. Contractual Services: Prohibited Employment A state employee of the executive or judicial branches who participates in the decision-making process involving a purchase request, who influences the content of any specification or procurement standard, or who renders advice, investigation, or auditing, regarding his or her agency's contract for services, is prohibited from being employed with a person holding such a contract with his or her agency. [Sec. 112.3185(2), Fla. Stat.] 9. Local Government Attorneys Local government attorneys and their law firms are prohibited from representing private individuals and entities before the unit of local government which they serve. A local government attorney cannot recommend or otherwise refer to his or her firm legal work involving the local government unit unless the attorney's contract authorizes or mandates the use of that firm. [Sec. 112.313(16), Fla. Stat.] C. RESTRICTIONS ON APPOINTING, EMPLOYING, AND CONTRACTING WITH RELATIVES 1. Anti -Nepotism Law A public official is prohibited from seeking for a relative any appointment, employment, promotion or advancement in the agency in which he or she is serving or over which the official exercises jurisdiction or control. No person may be appointed, employed, promoted, or advanced in or to a position in an agency if such action has been advocated by a related public official who is serving in or exercising jurisdiction or control over the agency; this includes relatives of members of collegial government bodies. NOTE: This prohibition does not apply to school districts (except as provided in Section 1012.23, Florida Statutes), community colleges, and state universities, or to appointments of boards in municipalities of less than 35,000, other than those with land -planning or zoning responsibilities. Also, the approval of budgets does not constitute "jurisdiction or control" for the purposes of this prohibition. This provision does not apply to volunteer emergency medical, firefighting, or police service providers. [Sec. 112.3135, Fla. Stat.] U 2. Additional Restrictions A state employee of the executive or judicial branches or the PSC is prohibited from directly or indirectly procuring contractual services for his or her agency from a business entity of which a relative is an officer, partner, director, or proprietor, or in which the employee, his or her spouse, and children own more than a 5% interest. [Sec. 112.3185(6), Fla. Stat.] D. POST OFFICEHOLDING AND EMPLOYMENT (REVOLVING DOOR) RESTRICTIONS 1. Lobbying by Former Legislators, Statewide Elected Officers, and Appointed State Officers A member of the Legislature or a statewide elected or appointed state official is prohibited for two years following vacation of office from representing another person or entity for compensation before the government body or agency of which the individual was an officer or member. [Art. II, Sec. 8(e), Fla. Const. and Sec. 112.313(9), Fla. Stat.] This applies to appointed State officers who are appointed on or after Jan. 1, 1995. 2. Lobbying by Former State Employees Certain employees of the executive and legislative branches of state government are prohibited from personally representing another person or entity for compensation before the agency with which they were employed for a period of two years after leaving their positions, unless employed by another agency of state government. [Sec. 112.313(9), Fla. Stat.] These employees include the following: (a) Executive and legislative branch employees serving in the SENIOR MANAGEMENT SERVICE and SELECTED EXEMPT SERVICE, as well as any person employed by the DEPARTMENT OF THE LOTTERY having authority over policy or procurement. (b) Persons serving in the following position classifications: the Auditor General; the director of the Office of Program Policy Analysis and Government Accountability (OPPAGA); the Sergeant at Arms and Secretary of the Senate; the Sergeant at Arms and Clerk of the House of Representatives; the executive director of the Legislative Committee on Intergovernmental Relations and the executive director and deputy executive director of the Commission on Ethics; an executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee of the Legislature; an executive director, staff director, executive assistant, legislative analyst, or attorney serving in the Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, the Senate Minority Party Office, the House Majority Party Office, the House Minority Party Office; the Chancellor and Vice -Chancellors of the State University System; the general counsel to the Board of Regents; the president, vice presidents, and deans of each state university; any person hired on a contractual basis and having the power normally conferred upon such persons, by whatever title; and any person having the power normally conferred upon the above positions. 10 This prohibition does not apply to a person who was employed by the Legislature or other agency prior to July 1, 1989; who was employed by the Legislature or other agency on July 1, 1989; who was a defined employee of the SUS or the PSC who held such employment on December 31, 1994; or who reached normal retirement age and retired by July 1, 1991. PENALTIES: Persons found in violation of this section are subject to the penalties contained in the Code (see PENALTIES, Part V) as well as a civil penalty in an amount equal to the compensation which the person receives for the prohibited conduct. [Sec. 112.313(9)(a)5., Fla. Stat.] 3. Additional Restrictions on Former State Employees A former executive or judicial branch employee or PSC employee is prohibited from having employment or a contractual relationship, at any time after retirement or termination of employment, with any business entity (other than a public agency) in connection with a contract in which the employee participated personally and substantially by recommendation or decision while a public employee. [Sec. 112.3185(3), Fla. Stat.] A former executive or judicial branch state employee or PSC employee who has retired or terminated employment is prohibited from having any employment or contractual relationship for two years with any business entity (other than a public agency) in connection with a contract for services which was within his or her responsibility while serving as a state employee. [Sec. 112.3185(4), Fla. Stat.] Unless waived by the agency head, a former executive or judicial branch state employee or PSC employee may not be paid more for contractual services provided by him or her to the former agency during the first year after leaving the agency than his or her annual salary before leaving. [Sec. 112.3185(5), Fla. Stat.] These prohibitions do not apply to PSC employees who were so employed on or before Dec. 31, 1994. 4. Lobbying by Former Local Government Officers and Employees A person elected to county, municipal, school district, or special district office is prohibited from representing another person or entity for compensation before the government body of which he or she was an officer for two years after leaving office. Appointed officers and employees of counties, municipalities, school districts, and special districts may be subject to a similar restriction by local ordinance or resolution. [Sec. 112.313(13) and (14), Fla. Stat.] E. VOTING CONFLICTS OF INTEREST NO STATE PUBLIC OFFICIAL is prohibited from voting in an official capacity on any matter. However, a STATE PUBLIC OFFICER who votes on a measure which inures to his or her special private gain or loss, or which the officer knows would inure to the special private gain or loss of any PRINCIPAL by whom he or she is retained, of the PARENT ORGANIZATION or SUBSIDIARY of a CORPORATE PRINCIPAL by which he or she is retained, of a 11 RELATIVE, or of a BUSINESS ASSOCIATE, must file a memorandum of voting conflict on Commission FORM 8A with the recording secretary within 15 days after the vote occurs, disclosing the nature of his or her interest in the matter. NO COUNTY, MUNICIPAL, or other LOCAL PUBLIC OFFICER shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss, or which the officer knows would inure to the special private gain or loss of any PRINCIPAL by whom he or she is retained, of the PARENT ORGANIZATION or SUBSIDIARY of a CORPORATE PRINCIPAL by which he or she is retained, of a RELATIVE, or of a BUSINESS ASSOCIATE. The officer must publicly announce the nature of his or her interest before the vote and must file a memorandum of voting conflict on Commission FORM 8B with the meeting's recording officer within 15 days after the vote occurs disclosing the nature of his or her interest in the matter. However, members of community redevelopment agencies and district officers elected on a one -acre, one -vote basis are not required to abstain. NO APPOINTED STATE OR LOCAL OFFICER shall PARTICIPATE in any matter which would inure to the officer's special private gain or loss, the special private gain or loss of any PRINCIPAL by whom he or she is retained, of the PARENT ORGANIZATION or SUBSIDIARY of a CORPORATE PRINCIPAL by which he or she is retained, of a RELATIVE or of a BUSINESS ASSOCIATE, without first disclosing the nature of his or her interest in the matter. The memorandum of voting conflict (Commission FORM 8A or 8B) must be filed with the meeting's recording officer, be provided to the other members of the agency, and be read publicly at the next meeting. If the conflict is unknown or not disclosed prior to the meeting, the appointed official must orally disclose the conflict at the meeting when the conflict becomes known. Also, a written memorandum of voting conflict must be filed with the meeting's recording officer within 15 days of the disclosure being made and must be provided to the other members of the agency with the disclosure being read publicly at the next scheduled meeting. [Sec. 112.3143, Fla. Stat.] F. DISCLOSURES Conflicts of interest may occur when public officials are in a position to make decisions which affect their personal financial interests. This is why public officers and employees, as well as candidates who run for public office, are required to publicly disclose their financial interests. The disclosure process serves to remind officials of their obligation to put the public interest above personal considerations. It also helps citizens to monitor the considerations of those who spend their tax dollars and participate in public policy decisions or administration. All public officials and candidates do not file the same degree of disclosure; nor do they all file at the same time or place. Thus, care must be taken to determine which disclosure forms a particular official or candidate is required to file. 12 The following forms are described below to set forth the requirements of the various disclosures and the steps for correctly providing the information in a timely manner. 1. FORM 1 - Limited Financial Disclosure Who Must File: Persons required to file FORM 1 include all state officers, local officers, candidates for local elective office, and specified state employees as defined below (other than those officers who are required by law to file FORM 6). STATE OFFICERS include: (1) Elected public officials not serving in a political subdivision of the state and any person appointed to fill a vacancy in such office, unless required to file full disclosure on Form 6; (2) Appointed members of each board, commission, authority, or council having statewide jurisdiction, excluding members of solely advisory bodies, but including judicial nominating commission members and Directors of the FL Black Business Investment Board, Enterprise Florida, and Workforce Florida; (3) The Commissioner of Education, members of the State Board of Education, the Board of Governors, and the local Boards of Trustees and Presidents of state universities; and (4) All elected public officers (excluding congressional) not covered under "local officers" and any person appointed to fill a vacancy in such elective office. LOCAL OFFICER includes: (1) Any person elected to office in any political subdivision and any person appointed to fill a vacancy for an unexpired term in such elective office; (2) An appointed member of certain boards of political subdivisions, including governing bodies, expressway and transportation authorities, community colleges, code enforcement boards, bodies with planning or zoning powers, and pension boards; (3) Any other appointed local government board member who has been required to file by the appointing authority; (4) A mayor and the chief administrative officer of a county, municipality, or other political subdivision; (5) Any person holding one or more of the following positions within a county or municipality: city or county attorney; chief building inspector; water resources coordinator; pollution control director; environmental control director; administrator with power to grant or deny a land development permit; 13 (6) A chief of police; fire chief; municipal clerk; district school superintendent; community college president; medical examiner; and a purchasing agent having the authority to make any purchase exceeding $15,000 for any political subdivision of the state or any entity thereof. SPECIFIED STATE EMPLOYEE includes: (1) The Public Counsel created by Chapter 350; an assistant state attorney, an assistant public defender, a full-time state employee who serves as counsel or assistant counsel to any state agency; an administrative law judge; and a hearing officer; (2) Any person employed in the offices of the Governor or member of the Cabinet who is exempt from the career service system, except those persons in clerical, secretarial, or similar positions; (3) Each appointed secretary, assistant secretary, deputy secretary, executive director, assistant executive director, or deputy executive director of each state department, commission, board, or council; and the division director, assistant division director, deputy director, bureau chief, or assistant bureau chief of any state department or division, or persons having the power normally conferred upon such person by whatever title; (4) A superintendent or institute director of a state mental health institute established for training and research in the mental health field or of any major state institution or facility for corrections, training, treatment, or rehabilitation; (5) A business manager, purchasing agent having the power to make any purchase exceeding $15,000; finance and accounting director, personnel officer, and grants coordinator for any state agency; (6) Any person employed in the legislative branch of government, except persons employed in maintenance, clerical, secretarial, or similar positions and legislative assistants exempted by the presiding officer of their house; and (7) Each employee of the Ethics Commission. What Must Be Disclosed: FORM 1 requirements are set forth fully on the form. In general, this includes the reporting person's sources and types of financial interests, such as the names of employers and addresses of real property holdings. NO DOLLAR VALUES ARE REQUIRED TO BE LISTED. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies. When to File: CANDIDATES for elected local office must file FORM 1 together with and at the same time they file their qualifying papers. 14 STATE and LOCAL OFFICERS and SPECIFIED STATE EMPLOYEES are required to file disclosure by July 1 of each year. They also must file within thirty days from the date of appointment or the beginning of employment. Those appointees requiring Senate confirmation must file prior to confirmation. Where to File: Each LOCAL OFFICER files FORM 1 with the Supervisor of Elections in the county in which he or she permanently resides. A STATE OFFICER or SPECIFIED STATE EMPLOYEE files with the Commission on Ethics. [Sec. 112.3145, Fla. Stat.] 2. FORM 1F - Final Form 1 Limited Financial Disclosure FORM 1F is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 1 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year. 3. FORM 2 - Quarterly Client Disclosure The state officers, local officers, and specified state employees as listed above, as well as elected constitutional officers, must file a FORM 2 if they or a partner or associate of their professional firm represent a client for compensation before an agency at their level of government. A FORM 2 disclosure includes the names of clients represented by the reporting person or by any partner or associate of his or her professional firm for a fee or commission before agencies at the reporting person's level of government. Such representations DO NOT INCLUDE appearances in ministerial matters, appearances before judges of compensation claims, or representations on behalf of one's agency in one's official capacity. Nor does the term include the preparation and filing of forms and applications merely for the purpose of obtaining or transferring a license, so long as the issuance of the license does not require a variance, special consideration, or a certificate of public convenience and necessity. When to File: This disclosure should be filed quarterly, by the end of the calendar quarter following the calendar quarter during which a reportable representation was made. FORM 2 need not be filed merely to indicate that no reportable representations occurred during the preceding quarter; it should be filed ONLY when reportable representations were made during the quarter. 15 Where To File: LOCAL OFFICERS file with the Supervisor of Elections of the county in which they permanently reside. STATE OFFICERS and SPECIFIED STATE EMPLOYEES file with the Commission on Ethics. [Sec. 112.3145(4), Fla. Stat.] 4. FORM 6 - Full and Public Disclosure Who Must File: Persons required by law to file FORM 6 are all elected constitutional officers and candidates for such office; the Mayor and members of the City Council and candidates for these offices in Jacksonville; the Duval County Superintendent of Schools; Judges of Compensation Claims; and members of the Florida Housing Finance Corporation Board, the Florida Commission on Tourism, and the Florida Prepaid College Board. What Must be Disclosed: FORM 6 is a detailed disclosure of assets, liabilities, and sources of income over $1,000 and their values, as well as net worth. Officials may opt to file their most recent income tax return in lieu of listing sources of income but still must disclose their assets, liabilities, and net worth. In addition, the form requires the disclosure of certain relationships with, and ownership interests in, specified types of businesses such as banks, savings and loans, insurance companies, and utility companies. When and Where To File: Incumbent officials must file FORM 6 annually by July 1 with the Commission on Ethics. CANDIDATES must file with the officer before whom they qualify at the time of qualifying. [Art. ll, Sec. 8(a) and (i), Fla. Const., and Sec. 112.3144, Fla. Stat.] 5. FORM 6F - Final Form 6 Full and Public Disclosure FORM 6F is the disclosure form required to be filed within 60 days after a public officer or employee required to file FORM 6 leaves his or her public position. The form covers the disclosure period between January 1 and the last day of office or employment within that year. 6. FORM 9 - Quarterly Gift Disclosure Each person required to file FORM 1 or FORM 6, and each State procurement employee, must file a FORM 9, Quarterly Gift Disclosure, with the Commission on Ethics on the last day of any calendar quarter following the calendar 16 quarter in which he or she received a gift worth over $100, other than gifts from relatives, gifts prohibited from being accepted, gifts primarily associated with his or her business or employment, and gifts otherwise required to be disclosed. FORM 9 NEED NOT BE FILED if no such gift was received during the calendar quarter. Information to be disclosed includes a description of the gift and its value, the name and address of the donor, the date of the gift, and a copy of any receipt for the gift provided by the donor. [Sec. 112.3148, Fla. Stat.] 7. FORM 10 - Annual Disclosure of Gifts from Government Agencies and Direct -Support Organizations and Honorarium Event Related Expenses State government entities, airport authorities, counties, municipalities, school boards, water management districts, the Tri -County Commuter Rail Authority, and the Technological Research and Development Authority may give a gift worth over $100 to a person required to file FORM 1 or FORM 6, and to State procurement employees, if a public purpose can be shown for the gift. Also, a direct -support organization for a governmental entity may give such a gift to a person who is an officer or employee of that entity. These gifts are to be reported on FORM 10, to be filed by July 1. The governmental entity or direct -support organization giving the gift must provide the officer or employee with a statement about the gift no later than March 1 of the following year. The officer or employee then must disclose this information by filing a statement by July 1 with his or her annual financial disclosure that describes the gift and lists the donor, the date of the gift, and the value of the total gifts provided during the calendar year. State procurement employees file their statements with the Commission on Ethics. [Sec. 112.3148, Fla. Stat.] In addition, a person required to file FORM 1 or FORM 6, or a State procurement employee, who receives expenses or payment of expenses related to an honorarium event from someone who is prohibited from giving him or her an honorarium, must disclose annually the name, address, and affiliation of the donor, the amount of the expenses, the date of the event, a description of the expenses paid or provided, and the total value of the expenses on FORM 10. The donor paying the expenses must provide the officer or employee with a statement about the expenses within 60 days of the honorarium event. Honorarium related expenses from someone who does not employ a lobbyist do not have to be reported. The disclosure must be filed by July 1, for expenses received during the previous calendar year, with the officer's or employee's FORM 1 or FORM 6. State procurement employees file their statements with the Commission on Ethics. [Sec. 112.3149, Fla. Stat.] However, notwithstanding Section 112.3149, Fla. Stat., no Executive Branch lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official, member, or employee who files FORM 1 or FORM 6 shall 17 knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include honorarium event related expenses that were formerly permissible but disclosible under Section 112.3149, Fla. Stat. [Sec. 112.3215, Fla. Stat., as amended by Ch. 2005-359, L.O.F.] 8. FORM 30 - Donor's Quarterly Gift Disclosure As mentioned above, the following persons and entities generally are prohibited from giving a gift worth over $100 to a reporting individual (a person required to file FORM 1 or FORM 6) or to a State procurement employee: a political committee or committee of continuous existence; a lobbyist who lobbies the reporting individual's or procurement employee's agency; and the partner, firm, employer, or principal of such a lobbyist. If such person or entity makes a gift worth between $25 and $100 to a reporting individual or State procurement employee (that is not accepted in behalf of a governmental entity or charitable organization), the gift should be reported on FORM 30. The donor also must notify the recipient at the time the gift is made that it will be reported. The FORM 30 should be filed by the last day of the calendar quarter following the calendar quarter in which the gift was made. If the gift was made to an individual in the legislative branch, FORM 30 should be filed with the Lobbyist Registrar. If the gift was to any other reporting individual or State procurement employee, FORM 30 should be filed with the Commission on Ethics. However, notwithstanding Section 112.3148, Fla. Stat., no Executive Branch lobbyist or principal shall make, directly or indirectly, and no Executive Branch agency official, member, or employee who files FORM 1 or FORM 6 shall knowingly accept, directly or indirectly, any expenditure made for the purpose of lobbying. This may include gifts that were formerly permissible but disclosible under Section 112.3148, Fla. Stat. [Sec. 112.3215, Fla. Stat., as amended by Ch. 2005-359, L.O.F. 9. FORM 1X AND FORM 6X - Amendments to Form 1 and Form 6 These forms are provided for officers or employees who want to amend their previously filed Form 1 or Form 6. IV. AVAILABILITY OF FORMS LOCAL OFFICERS and EMPLOYEES who must file annually FORMS 1 or 10 will be sent these forms by mail from the Supervisor of Elections in the county in which they permanently reside not later than JUNE 1 of each year. Newly elected and appointed officials or employees should contact the board of their agency for copies of the forms, as should those persons who are required to file their final disclosure statements within 60 days of leaving office or employment. ELECTED CONSTITUTIONAL OFFICERS, OTHER STATE OFFICERS, and SPECIFIED STATE EMPLOYEES who must file annually FORMS 1, 6 or 10 will be sent these forms by mail from the Commission on Ethics by JUNE 1 of each 18 year. Newly elected and appointed officers and employees should contact the heads of their agencies or the Commission on Ethics for copies of the forms, as should those persons who are required to file their final disclosure statements within 60 days of leaving office or employment. Any person needing one or more of the other forms described here may obtain them upon request from a Supervisor of Elections or from the Commission on Ethics, P.O. Drawer 15709, Tallahassee, Florida 32317-5709. They are also available on the Commission's website: www.ethics.state.fl.us. V. PENALTIES A. Non -criminal Penalties for Violation of the Sunshine Amendment and the Code of Ethics There are no criminal penalties for violation of the Sunshine Amendment and the Code of Ethics. Penalties for violation of those laws may include: impeachment, removal from office or employment, suspension, public censure, reprimand, demotion, reduction in salary level, forfeiture of no more than one-third salary per month for no more than twelve months, a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received. B. Penalties for Candidates CANDIDATES for public office who are found in violation of the Sunshine Amendment or the Code of Ethics may be subject to one or more of the following penalties: disqualification from being on the ballot, public censure, reprimand, or a civil penalty not to exceed $10,000. C. Penalties for Former Officers and Employees FORMER PUBLIC OFFICERS or EMPLOYEES who are found in violation of a provision applicable to former officers or employees or whose violation occurred prior to such officer's or employee's leaving public office or employment may be subject to one or more of the following penalties: public censure and reprimand, a civil penalty not to exceed $10,000, and restitution of any pecuniary benefits received. [Sec. 112.317, Fla. Stat.] D. Penalties for Lobbyists and Others An executive branch lobbyist who has failed to comply with the Executive Branch Lobbying Registration law (see Part VIII) may be fined up to $5,000, reprimanded, censured, or prohibited from lobbying executive branch agencies for up to 2 years. Lobbyists, their employers, principals, partners, and firms, and political committees and committees of continuous existence who give a prohibited gift or honorarium or fail to comply with the gift reporting requirements for gifts worth between $25 and $100 may be penalized by a fine of not more than $5,000 and a prohibition on lobbying, or employing a lobbyist to lobby, before the agency of the public officer or employee to whom the gift was given for up to 2 years. Executive Branch lobbying firms who fail to timely file their quarterly compensation reports may be fined $50.00 per day per principal for each day the report is late, up to a maximum fine of $5,000 per report. 19 E. Felony Convictions: Forfeiture of Retirement Benefits Public officers and employees are subject to forfeiture of all rights and benefits under the retirement system to which they belong if convicted of certain offenses prior to their retirement. The offenses include embezzlement or theft of public funds; bribery; felonies specified in Chapter 838, Florida Statutes; impeachable offenses; and felonies committed with intent to defraud the public or their public agency. [Sec. 112.3173, Fla. Stat.] F. Automatic Penalties for Failure to File Annual Disclosure Public officers and employees required to file either Form 1 or Form 6 annual financial disclosure are subject to automatic fines of $25 for each day late the form is filed after September 1, up to a maximum penalty of $1,500. [Sec. 112.3144 and 112.3145, Fla. Stat.] VI. ADVISORY OPINIONS Conflicts of interest may be avoided by greater awareness of the ethics laws on the part of public officials and employees through advisory assistance from the Commission on Ethics. A. Who Can Request an Opinion Any public officer, candidate for public office, or public employee in Florida who is in doubt about the applicability of the standards of conduct or disclosure laws to himself or herself, or anyone who has the power to hire or terminate another public employee, may seek an advisory opinion from the Commission about himself or herself or that employee. B. How to Request an Opinion Opinions may be requested by letter presenting a question based on a real situation and including a detailed description of the situation. Opinions are issued by the Commission and are binding on the conduct of the person who is the subject of the opinion, unless material facts were omitted or misstated in the request for the opinion. Published opinions will not bear the name of the persons involved unless they consent to the use of their names. C. How to Obtain Published Opinions Published opinions of the Commission on Ethics from 1974 through 1999 are available for purchase at prices below their actual cost. The opinions are printed in looseleaf volumes containing a subject -matter index and a citator to all Florida Statutes and State constitutional provisions construed or relied upon by the Commission. Every agency of government should have a set of opinions for ready reference when the need arises. All of the Commission's opinions are available for viewing or download at its website: www.ethics.state.fl.us. The Commission also publishes a Digest of its advisory opinions which is available to anyone upon request. The Digest is published quarterly and is sent free of charge. The order form at the end of this booklet may be used to request copies of the Commission's published opinions. 20 VII. COMPLAINTS A. A Citizen's Responsibility The Commission on Ethics cannot conduct investigations of alleged violations of the Sunshine Amendment or the Code of Ethics unless a person files a sworn complaint with the Commission alleging such violation has occurred. If you have knowledge that a person in government has violated the standards of conduct or disclosure laws described above, you may report these violations to the Commission by filing a sworn complaint on the form prescribed by the Commission. Otherwise, the Commission is unable to take action, even after learning of such misdeeds through newspaper reports and phone calls. Should you desire assistance in obtaining or completing a complaint form (FORM 50), you may receive either by contacting the Commission office at the address or phone number shown on the inside front cover of this booklet. B. Confidentiality The complaint, as well as all proceedings and records relating to the complaint, are confidential until the accused requests that such records be made public or until the complaint reaches a stage in the Commission's proceedings where it becomes public. This means that unless the Commission receives a written waiver of confidentiality from the accused, the Commission is not free to release any documents or to comment on a complaint to members of the public or press, so long as the complaint remains in a confidential stage. IN NO EVENT MAY A COMPLAINT BE FILED OR DISCLOSED WITH RESPECT TO A CANDIDATE FOR ELECTION WITHIN 5 DAYS PRECEDING THE ELECTION DATE. C. How the Complaint Process Works The Commission staff must forward a copy of the original sworn complaint to the accused within five days of its receipt. Any subsequent sworn amendments to the complaint also are transmitted within five days of their receipt. Once a complaint is filed, there are three procedural stages which it goes through under the Commission's rules. The first stage is a determination of whether the allegations of the complaint are legally sufficient, that is, whether they indicate a possible violation of any law over which the Commission has jurisdiction. If the complaint is found not to be legally sufficient, the Commission will order that the complaint be dismissed without investigation, and all records relating to the complaint will become public at that time. If the complaint is found to be legally sufficient, a preliminary investigation will be undertaken by the investigative staff of the Commission. The second stage of the Commission's proceedings involves this preliminary investigation and a decision by the Commission of whether there is probable cause to believe that there has been a violation of any of the ethics laws. If the Commission finds no probable cause to believe there has been a violation of the ethics laws, the complaint will be dismissed and will become a matter of public record. If the Commission finds probable cause to believe there has been a violation of the ethics laws, the complaint becomes public and usually enters the third stage of 21 proceedings. This stage requires the Commission to decide whether the law was actually violated and, if so, whether a penalty should be recommended. At this stage, the accused has the right to request a public hearing (trial) at which evidence is presented or the Commission may order that such a hearing be held. Public hearings usually are held in or near the area where the alleged violation occurred. When the Commission concludes that a violation has been committed, it issues a public report of its findings and may recommend one or more penalties to the appropriate disciplinary body or official. When the Commission determines that a person has filed a complaint with knowledge that the complaint contains one or more false allegations or with reckless disregard for whether the complaint contains false allegations, the complainant will be liable for costs plus reasonable attorney's fees incurred by the person complained against. The Department of Legal Affairs may bring a civil action to recover such fees and costs, if they are not paid willingly. D. Dismissal of Complaints At Any Stage of Disposition The Commission may, at its discretion, dismiss any complaint at any stage of disposition should it determine that the public interest would not be served by proceeding further, in which case the Commission will issue a public report stating with particularity its reasons for the dismissal. [Sec. 112.324(10), Fla. Stat.] E. Statute of Limitations All sworn complaints alleging a violation of the Sunshine Amendment or the Code of Ethics have to be filed with the Commission within 5 years of the alleged violation or other breach of the public trust. Time starts to run on the day AFTER the violation or breach of public trust is committed. The statute of limitations is tolled on the day a sworn complaint is filed with the Commission. If a complaint is filed and the statute of limitations has run, the complaint will be dismissed. [Sect 12.3231, Fla. Stat.] VIII. EXECUTIVE BRANCH LOBBYING Any person who, for compensation and on behalf of another, lobbies an agency of the executive branch of state government with respect to a decision in the area of policy or procurement may be required to register as an executive branch lobbyist. Registration is required before lobbying an agency and is renewable annually. In addition, each lobbying firm must file a compensation report with the Commission for each calendar quarter during any portion of which one or more of the firm's lobbyists were registered to represent a principal. [Sec. 112.3215, Fla. Stat., as amended by Ch. 2005- 359, L.O.F.] 22 Paying an executive branch lobbyist a contingency fee based upon the outcome of any specific executive branch action, and receiving such a fee, is prohibited. A violation of this prohibition is a first degree misdemeanor, and the amount received is subject to forfeiture. This does not prohibit sales people from receiving a commission. [Sec. 112.3217, Fla. Stat.] Executive branch departments, state universities, community colleges, and water management districts are prohibited from using public funds to retain an executive branch (or legislative branch) lobbyist, although these agencies may use full-time employees as lobbyists. [Sec. 11.062, Fla. Stat.] Additional information about the executive branch lobbyist registration system may be obtained by contacting the Lobbyist Registrar at the following address: Executive Branch Lobbyist Registration Room G-68, Claude Pepper Building 111 W. Madison Street Tallahassee, FL 32399-1425 Phone: 850/922-4990 IX. WHISTLE -BLOWER'S ACT In 1986, the Legislature enacted a "Whistle -blower's Act" to protect employees of agencies and government contractors from adverse personnel actions in retaliation for disclosing information in a sworn complaint alleging certain types of improper activities on the part of an agency contractor, or for participating in an investigation or hearing conducted by an agency. Since then, the Legislature has revised this law to afford greater protection to these employees. While this language is contained within the Code of Ethics, the Commission has no jurisdiction or authority to proceed against persons who violate this Act in behalf of a person who is being retaliated against. Therefore, a person who has disclosed information alleging improper conduct governed by this law and who may suffer adverse consequences as a result should contact one or more of the following: the Office of the Chief Inspector General in the Executive Office of the Governor; the Department of Legal Affairs; the Florida Commission on Human Relations; or a private attorney. [Sec. 112.3187 - 112.31895, Fla. Stat.] X. ADDITIONAL INFORMATION As mentioned above, we suggest that you review the language used in each law for a more detailed understanding of Florida's ethics laws. The "Sunshine Amendment" is Article II, Section 8, of the Florida Constitution. The Code of Ethics for Public Officers and Employees is contained in Part III of Chapter 112, Florida Statutes. 23 Additional information about the Commission's functions and interpretations of these laws may be found in Chapter 34 of the Florida Administrative Code, where the Commission's rules are published, and in The Florida Administrative Law Reports, which publishes many of the Commission's final orders. The Commission's rules, orders, and opinions also are available electronically on the Internet at www. ethics. state. fl. us. If you are a public officer or employee concerned about your obligations under these laws, you may wish to contact an attorney who represents your agency or a private attorney for advice. The staff of the Commission will be happy to respond to oral and written inquiries by providing information about the law, the Commission's interpretations of the law, and the Commission's procedures. XI. ONLINE TRAINING Through a project funded by the Florida Legislature, an online workshop, Florida's Code of Ethics, Sunshine Law, and Public Records Acts, is now available free of charge to all elected officials and to those appointed to hold elective office. Participants other than elected officials can take the course for $15 per person. Bulk purchase arrangements, including state and local government purchase orders, are available. For more information, visit www.ethics.state.fl.us. Rev 1/27/06 24