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Agenda Packet 9-17-13 Regular
City of Cape Canaveral CITY COUNCIL MEETING :APE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday September 17, 2013 6:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: i:rlor.WaNs CITY ATTORNEY'S REPORT: 6:05 p.m. — 6 :10 p.m. AUDIENCE TO BE HEARD: 6 :10 p.m. — 6 :25 p.m. Cocoa Beach Mayor Dave Netterstrom 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. CONSENT AGENDA: 6 :25 p.m. — 6 :30 p.m. 1. Approve Minutes for City Council Workshop and Regular Meetings of August 20, 2013 and City Council Special Meeting of September 3, 2013. 2. Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same. 3. Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920 -0326 Telephone (321) 868 -1220 Fax: (321) 868 -1248 www.cityofcapecanaveral.org • email: info @cityofcapecanaveral.org IFCity of Cape Canaveral, Florida City Council Meeting September 17, 2013 Page 2 of 3 Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same. 4. Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living Facility. 5. Resolution No. 2013 -21; authorizing an Agreement for Fire Protection and Emergency Medical Services between the City and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date. 6. Resolution No. 2013 -22; authorizing an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. PUBLIC HEARING: 6:30 p.m. — 6:45 p.m. 7. Resolution No. 2013 -18; a Joint Resolution of the City Council of the City of Cape Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency ( "Agency'); providing for the approval of an Interlocal Agreement authorizing a loan from the City to the Cape Canaveral Community Redevelopment Agency, in an amount not to exceed $100,000.00, for purposes of initially funding the Cape Canaveral Community Redevelopment Agency so it can commence redevelopment activities within the Redevelopment Area and reimburse the City for certain start-up expenses incurred by the City to establish and create the Agency; providing for the incorporation of the terms and conditions of the Interlocal Agreement into the Redevelopment Plan of the Cape Canaveral Community Redevelopment Agency; providing for the repeal of prior inconsistent resolutions, no conflicts; severability, and an effective date. 8. Resolution No. 2013 -19; amending the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of the Redevelopment Area to exclude land from the Redevelopment Area, adopting a revised Boundary Map and Legal Description, attached hereto as Exhibit "A "; and incorporating said Map into the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. City of Cape Canaveral, Florida City Council Meeting September 17, 2013 Page 3 of 3 ITEMS FOR ACTION: 6:45 p.m. — 7 :00 p.m. 9. Award the bid for construction of the New Cape Canaveral Volunteer Fire Department (CCVFD) Station to W & J Construction Corporation in the amount of $1,993,402.35; authorize the City Manager to execute documents related to same; approve the re- organization of the Council Meeting room to provide office space for two CCVFD Staff in lieu of renting office space during construction and authorize staff to negotiate a loan in lieu of using reserves. REPORTS: 7:00 p.m. — 7:15 p.m. 10. Council. 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. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868 - 1220 x220 or x221) 48 hours in advance of the meeting. I i CITY COUNCIL BUDGET WORKSHOP MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 20, 2013 4:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:30 P.M. ROLL CALL: Council Members Present: Mayor Pro Tern John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager " aDavid L. Greene Assistant City Manager /City Clerk Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director - Barry Brown Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Mike DeMorat Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham DISCUSSION: 1. Proposed Fiscal Year 2013/2014 Budget and Five (5) Year Capital Improvement Plan: City Manager David Greene explained items in the Capital Improvement Plan are not automatically purchased; the Plan is a projection of items Staff estimates will be needed over the next five (5) years as well as the City Council /Citizens goals. Staff assesses the condition of equipment and dates established may need to be extended out or accelerated based upon actual conditions. Renewal /replacement of equipment has been planned for by the use of a Capital Depletion Reserve Account. The replacement of lighting as projected for City Buildings may not occur as projected due to the anticipated new City Hall and subsequent demolition of the Community and Economic Development Building. The discussion of the proposed budget/CIP began on Page 93 and included: proposed expenditures at Cherie Down Park, if there are plans City of Cape Canaveral, Florida City Council Budget Workshop Meeting August 20, 2013 Page 2 of 2 showing proposed improvements, the acquisition of the property owned by the County and the continued lease of the portion owned by the School Board, the need for the lease to be at least 25 years so the City could apply for grant funding for the proposed improvements, the conditions attached to the land will be fully investigated prior to the presentation of any agreement to the City Council, a planning /community involvement process to decide what improvements will be accomplished, the need for a dedicated funding source such as paid parking or vendor /concession if the City decides to take over the property, whether the proposal should be sent to the voters to see if they support the project/acquisition, the current administration's practice to bring projects to the City Council only after Staff has completely explored the concepts, which portion of the property is controlled by which agency, the need to have adequate site plans /surreys and in some cases project plans /specifications before application for grant funding, by doing so, it places the City in a better position for funding; complaints received about the conditions at the Park, the desire of citizens to have a coffee shop /restaurant near the water; the Long Point Road Estuary Project and funding anticipated from the Army Corps of Engineers; Cape Caribe has agreed,to „the transfer of maintenance for the dune cross over adjoining their complex; the fire s`^ ton project, the reserves for same, the projected funding options for`the amouWnot currently dedicated to the project; the need to return the plans for the New City Hall to the Council before the project bid is released and Staff's work to produce a conservative building that meet current and future needs; the Police and Fire Department expense has only increased 300,000 over the past five years, yet the total Ad Valorem does not cover the expenses; the North Atlantic Avenue Improvement Project may receive funding from Florida Department of Transportation via the Space Coast Transportation Planning Organization which would eliminate the need for loans/large use of reserves or phasing of the project; the projects proposed in the Enterprise Capital fund, the limited space available at the WWTP, the need to make certain changes to reduce the impact to the Indian River Lagoon, which necessitates the building of a storage tank, whether reclaimed water could be stored in underground vaults at Canaveral City Park, which has been targeted to solve stormwater issues in the area, Cocoa Beach's ASR Well project and whether it could eliminate t e need to build another storage tank; the current engineering /computer modeling done to study the stormwater /reclaimed water issues and the State Revolving loan interest rate. City Manager Greene indicated there will be an amendment to the final proposed budget to accommodate projects which need to carry over to next year. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:50 P.M. Angela M. Apperson, MMC, Assistant City Manager /City Clerk Rocky Randels, Mayor CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY August 20, 2013 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:03 P.M. and led the pledge of allegiance. Mayor Randels reminded everyone to speak into the microphone. ROLL CALL: Council Members Present: Mayor Pro Tern John Bond Council Member Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present City Manager David L. Greene City Attorney Anthony Garganese Assistant City Manager /City Clerk Angela Apperson Finance Director John DeLeo Community & Economic Development Director Todd Morley Planning & Zoning Director Barry Brown Leisure Services Director Gustavo Vergara Public Works Services Director Jeff Ratliff Public Works Services Deputy Director Lonnie Dunn Brevard County Sheriff Major Mike DeMorat Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PRESENTATIONS / INTERVIEWS: Interview Bruce Collins. John Price and R. Lamar Russell for reappointment to the Planning and Zoning Board: Attorney Garganese asked all applicants if the information on their application is true and correct, to which each replied in the affirmative. Each applicant then explained their reasons for serving the City as a member of the Planning and Zoning Board. Mr. Russell's book "Lessons Learned in Planning & Zoning" was noted and he explained the zoning along the shorelines has remained constant over the last fifty years. Council Members thanked the applicants for their service. City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 2of5 . . .. {{ nal Dav of Action' Mayor Randels explained the mobile phone providers encourage individuals not to text and drive and sponsored the proclamation, which he read into the record. CITY ATTORNEY'S REPORT: Attorney Garganese noted he is reviewing the rules of procedures to ensure they are in compliance with a new law which mandates the public be given an opportunity to speak on agenda items. AUDIENCE TO BE HEARD: Joyce Hamilton expressed operation of summer camp. Leisure Services Director changes made to the program to serve more children and` educational component. CONSENT AGENDA: Mayor Randels inquired if any items are discussion. No items were removed. 1. 2. 3. Rnarri 9 r same. 5. Pest ve annual 440. . �. 1117atinn Incp pffin nts related to the 3vo Vergara explained 1r with the Library for an m the Consent.: ntrol Agreement in the Amount of $41,344 with Black's Inc. and authorize the City Manager to execute same: nda for 76flff 17 inrnnSiStPnt r execute Control Pest A motion was made by Council Member Walsh, seconded by Council Member Hoog, to approve the five items on the Consent Agenda. The motion carried 5 -0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 3of5 PUBLIC HEARING: 6. Ordinance No. 09 -2013; amending Chapter 78, Article II, Division 3 of the Cape Canaveral Code of Ordinances related to sanitary sewer system impact fees; revising sewer impact fee assessment procedures consistent with the findings and recommendations set forth in the Citv's Sanitary Sewer Impact Fee Report dated April . ncorporation into the Code; severabil . . inp: Attorney ar anese read the Ordinance title into the record. y4aydr y g Randels provided a brief overview. A motion was made by Council Me bier Petsos, seconded by Mayor Pro Tem Bond, for approval of Ordinance No.,,;0'13 on second reading. Y p The Public Hearing was opened. Leo Nicholas rev 'eved,sR: ;.understanding of the of impact fees. He asked if the City has an. in Lien ='mpact fees, to which purpose P tY Y . , , . Mr. Greene responded there is one. Mr. Nicholas'aske`d if the delinq ��ent fees would be settled under the old fee schedule or the new ,dne. Mr. Greene indica'f` cd... t will de end P upon when the dispute over the fees is .settled. The�.,.,Public Hearing, "s' closed. Council Members comments related to the purpose of im�act,fees was grwth needs to pay for itself; the new fee schedule will be lower fdroi, most; however, certain businesses will receive an increase; the loans taken for upcoming :projects. Mr. Greene indicated the majority of the projects are not eligible for use of Impact fees because they are maintenance in nature and not expansion ;of capacity; the `stew rate structure will allow the use of impact fees by requiring a serf asid6ofh,rnoney fol- Finaintenance /repair of the existing facilities. A brief discussion ensued. `The m�a�ti o pf carried 5 =0 with voting as follows: Mayor Pro Tem Bond For; Council Membb6f'Hoo , For; Council Member Y g Petsos, For; MayovRandels., Fore and Council Member Walsh, For. I e5 70 Resolution No. '201.3 -13 -adopting the sanitary sewer impact fee report prepared for the City of Cape Canavera''i' by Raftelis...Fingncial Consultants, Inc., dated April 2013; amending ppLen xk B, Schedule of,.. Fees in accordance with the report's recommendations pre" dingfor ,repeal of prior inconsistent resolutions, incorporation into A kendix B of tfieCape 'Canaveral Code of Ordinances, severability, and an effecti hate: Attorney girganese read the Resolution title into the record. A motion was made by Council Mbmber Hoog, seconded by Council Member Walsh, For Resolution N Q., 2013 -13 ' The Public Hearing was opened. No comments were received and tMAAP.ublic Hearing was closed. The motion carried 5 =0 with voting as follows: Mayor Petsos, For; We ITEMS FOR ACTION: Consider A No. 201 !'Bond, For; Council Member Hoog, For; Council Member dels, For; and Council Member Walsh, For. >r Satisfaction Pierce Ave. of $3,100.00 Code Enforcement Lien, Mr. Andres Gonzalez, speaking on behalf of owner Mr. Juan S. Gonzalez, answered questions. City Manager Greene explained the actions of the Code Enforcement Board to reduce the lien to $500.00 and Staffs recommendation for a reduction to $2,000.00, which makes the City whole. A City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 4 of 5 motion was made by Council Member Petsos, seconded by Council Member Walsh, to support Staff's recommendation. Andres Gonzalez noted the expenses to get the residence back into compliance. Discussion ensued and included: the fact that the individuals truly responsible for the violations never seem to be held accountable; the appreciation of the work the property owner has done to fix the property up; and the fact the lien was recorded after the foreclosure process began. The motion carried 4 -1 with voting as follows: Mayor Pro Tern Bond, For; Council Member Hoog, For Council Member Petsos, For; Mayor Randels, Against; and Council Member Walsh, For. Attorney Garganese explained the reduced lien aAn is be paid within thirty days or the entire lien amount will be due, to which Andres G pzalez responded with his affirmative understanding. ' _ g A� REPORTS• \'-'r VV V 90 Council �. ell Mayor Pro Tern Bond reported on his attendance atl`the- Florida League of Cities Conference. He spoke of money returned to a developer by the former administration which he believes should have stayed. with the City and indicated the City Manager was looking into the situation. p � z sq k� t Council Member Walsh reported a dea+,sea ' Seaport. She bury the turtle. indicated once tagged an i the each in front of villages of ca#e'd, the City will be notified to I, Council Member Petsos noted new legislation which requires all contractors conform to the public records law -. and expressed co contracts or deter firms from- doing bush indicated t _e l'" 7.'.ha *s always required cohtr; on beh '{ of the Ct�the new, law requires discussion ensued, but action was taken. kern that this would increase the cost of ess with the City. Attorney Garganese ictors provide records related to work done this be addressed in the contract. A brief Council McYnber Petsos also noted his attendance at the Florida League of Cities Conference. Council Member 'hl6 ogi4f6ported on his attendance at the Florida League of Cities Conference and sha ed details of a session he attended related to reducing /eliminating homelessness. A discussion ensued and included details of programs sponsored by local churches. Mavor Randels asked about an initiative the Mayor of Cocoa Beach has extended related to visitors from space. Council Members did not express support for the initiative. City of Cape Canaveral, Florida City Council Regular Meeting August 20, 2013 Page 5 of 5 ADJOURNMENT: There being no further business, the Meeting adjourned at 7:31 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, Assistant City Manager /City Clerk CITY COUNCIL SPECIAL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 3, 2013 5:30 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tern Council Member Council Member Mayor Council Member Others Present: City Manager City Attorney Assistant City Manager /City Clerk Finance Director Community & Economic Development Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Chief PRESENTATIONS /-INTERVIEWS: John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh NWs, t�� and led the pledge David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Jeff Ratliff Lonnie Dunn Mike DeMorat Dave Sargeant Proclamation designating September 6 2013 as "LOCAL WORKS DAY" in the City of Cape Canaveral: Mayor Randels explained the purpose of the day and read the Proclamation into tl�e record. City Manager David Greene expressed appreciation for the City Employees; they are always there when the City needs them to step forward. He indicated his pride to be associated with the employees. Proclamation designating September 28 2013 as "National Estuaries Day — Hands Across The Lagoon" in the City of Cape Canaveral: Mayor Randels explained the boundaries of the Indian River Lagoon and read the Proclamation into the record. City of Cape Canaveral, Florida City Council Special Meeting September 3, 2013 Page 2 of 3 PUBLIC HEARING: 1. Adopt Resolution No. 2013 -16; correcting the total millage for all operating purposes and the Tentative Proposed Millage Rate for Beautification General Operating Millage previously set forth in Resolution No. 2013 -12; restating Resolution No. 2013 -12 in its entirety which adopted the Tentative Proposed Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the City of Cape Canaveral, Brevard County. Florida; providing for a retroactive effective date: Attorney Garganese read the Resolution title into the record and provided a brief explanation for same. Mayor Randels provided further explanation of the errors in Resolution No. 2013 -12. A motion was made by Council Member Walsh, seconded by Council Member Hoog, for approval of Resolution No. 2013 -16. Finance Director John DeLeo explained the use of the electronic e -trim system, the calculation error and future use of the system, which will be much more efficient. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 5 -0 with voting as follows: Mayor Pro Tern Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; `and Council Member Walsh, For. 2. Adopt Resolution No. 2013 -17; adopting a Proposed Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2013/2014 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida: Attorney Garganese read the Resolution title into the record and provided an explanation of same. Mayor Randels read the millage rates as: 1.9187 for General Government Police Millage; 1.4390 for General Government Fire /Rescue Millage; 0.4816 for General Government Beautification millage and 0.0709 for Library Dependent Special District Millage. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Walsh, seconded by Council Member Petsos, to approve and adopt Resolution No. 2013 -17. The motion carried 5 -0 with voting as follows: Mayor Pro Tern Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 3. Adopt Ordinance No 11 -2013: adopting the Annual General Fund Wastewater Fnterprise Fund. Stormwater Enterprise Fund. Enterprise Capital Fund, Special beginning October 1 2013 and ending September 30 2014: providing for an effective date, first reading: Mayor Randels noted the second reading of the Ordinance will take place on September 17, 2013. Attorney Garganese read the Ordinance title into the record and provided an explanation of same. Mayor Randels indicated this is a balanced budget. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Hoog, seconded by Mayor Pro Tern Bond, for adoption of Ordinance No. 11 -2013. Mayor Randels indicated Staff has been working on the Budget since May. The motion carried 5 -0 with voting as follows: Mayor Pro Tern Bond, For; Council Member City of Cape Canaveral, Florida City Council Special Meeting September 3, 2013 Page 3 of 3 Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. Mayor Randels recapped the meeting. Council Member Walsh expressed appreciation for the use of the rolled -back rate. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:56 P.M. Angela M. Apperson, MMC, Assistant City Manager /City Clerk Rocky Randels, Mayor City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/17/2013 Item No. 2 Subject: Approve Task Order No. 1 in the amount of $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same. Department: Public Works Services Summary: During construction in 2011 of the Central Ditch headwall located adjacent to West Central Boulevard, dredging of approximately three feet of muck from the Ditch bottom resulted in improved water quality, increased surface water flow and improved fish and wildlife habitat. Larger fish and numerous turtles now thrive in this area and are frequently "observed and fed" by area residents. These dredging activities removed organic -rich muck (a pollutant source) from the channel bottom and deepened the Ditch by three feet for the first 100 feet south of West Central Boulevard. The remainder of the Central Ditch located south of West Central Boulevard has never been dredged of muck and debris. A recent survey of muck thickness in the Ditch conducted by the City's geotechnical contractor revealed an average thickness of approximately 46 inches. The organic -rich muck is a continuing source of pollutants to the water column and is limiting surface water flow in areas. Removal of this muck will eliminate this pollutant source and also improve habitat for fish and wildlife. Improving water quality in tributaries to the Indian River Lagoon system is a major goal of Florida Department of Environmental Protection's Total Maximum Daily Load (TMDL) Program. Staff is proposing the dredging and offsite disposal of approximately three feet of muck from the Ditch bottom from 100 feet south of West Central Boulevard to the bend in the Ditch located approximately 1,000 feet to the south (see Attachment #1). Care will be taken to avoid the root systems of mangroves located along the western side of the Ditch. In addition, since this proposed Project would remove pollutants (organic -rich muck) from the water column, the City may receive stormwater credits through the TMDL Program. Recognizing the environmental and ecological importance of this Project, Staff included this Project in the City's State Revolving Fund Loan Application submitted to FDEP. After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected GeoSyntec Consultants, Inc. (GeoSyntec) of Titusville, Florida to perform the project tasks. GeoSyntec is one of the engineering firms selected by the City for Professional Engineering /Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011 -01. A Master Services Agreement for these services has been signed between the City and GeoSyntec. A cost estimate with a breakdown of personnel hours for this Project as prepared by GeoSyntec is included as Attachment #2. Submitting Department Director: Jeff Ratliff -SQ, /lIN Date: 09/05/13 City Council Meeting Date: 09/17/2013 Item No. Page 2 of 2 Attachments: #1 — Location of Dredging Activities #2 — GeoSyntec Cost Estimate Financial Impact: $36,594 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch to be funded by SRF. Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that City Co cil take the following action(s): Approve Task Order No. 1 in the amount of $36,59 to GeoSyntec Consultants, Inc. for Surveying, Engineering Design, Bid Specifications and Construction Monitoring Services related to the dredging of the southern portion of the Central Ditch and authorize the City Manager to execute same. Approved by City Manager: David L. Greene 0 V-& Date: 7 City Council Action: [ ] Approved as Recommended [ ] Disapprove [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Location of Dredging Activities dJ U a bA LM 0 0 a 0 m u 0 mi Z� Attachment #2 GeoSyntec Cost Estimate Geosyntec consultants Mr. Jeff Ratliff, Public Works Services Director Cape Canaveral Public Works Department 601 Thurm Blvd., P.O. Box 326 Cape Canaveral, FL 32920 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321. 269 -5880 www.geosyntec.com September 4, 2013 Subject: Task Order No. 2013 -1 Proposal for Ditch Dredging Design & Permitting - South Central Ditch Cape Canaveral, Florida Dear Mr. Ratliff: Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral (City) with this proposal for the South Central Ditch Dredging project. Work will be conducted pursuant to our June 2011 contract with the City for Engineering & Surveying Services. Geosyntec will be assisted on the project by subconsultant Morgan & Associates, Inc. (M&A). The South Central Ditch project is located within the City limits, associated with a primary conveyance feature draining northern portions of the City. The ditch section in question runs north to south between West Central Boulevard on the north end to a point approximately 300 feet east of Astronaut Boulevard (AILA). The ditch is bordered by the Cape Canaveral Trailer Village and a vacant lot on the east, and the Craig Technologies Building on the west. The project site is located within Sections 14 and 15 of Township 24 South, Range 37 East. The study area is located within the jurisdiction of the St. John's River Water Management District (SJRWMD). Over time the ditch has become overgrown, difficult to maintain, and filled with muck and other sediments. The City would like to dredge this section of ditch in order to restore proper conveyance. To meet this goal, the City requires design plans and specifications preparation and permitting services to bid the project to a contractor. SCOPE OF WORK Geosyntec envisions that the overall project will be conducted in two phases: 1) Assessment, Design & Permitting Phase, and then 2) Construction Monitoring. Phase 1 would be completed first to provide plans to the City to move forward with bidding. Under Phase 2, the construction would be monitored as engineer's representative, but not full CEL This scope of work includes detailed scope and costs for both Phase 1 and 2. Geosyntec is securing the services of subconsultant M&A to take lead (engineer of record) on design plans and specifications preparation, as well as permitting. M&A will also provide surveying services to support the project and act as the lead in post design services (construction monitoring). Refer to the subconsultant proposal in Attachment B. Geosyntec will act in a quality assurance / quality control (QA /QC) role, as well as providing general project management. As prime under the contract with the City, Geosyntec will retain ultimate responsibility for completion of the project engineers I scientists I innovators Proposal for Ditch Dredging Design & Permitting South Central Ditch Geosyntec c' Cape Canaveral, Florida September 4 2013 consultants The following sequence of tasks would be performed by Geosyntec to complete the project: Phase 1 - Dgdgn & Permitting Geosyntec will provide peer QA /QC review on the following activities conducted by M&A: 1. Survey Data 2. 90% Construction Plans, Specifications and Engineer's Cost Estimate 3. Draft Permit Package 4. 100% Construction Plans, Specifications and Engineer's Cost Estimate Phase 2 - Construction Monitoring Geosyntec will provide peer QA /QC review on the following activities conducted by M&A: S. Pre -bid & pre - construction meeting questions, shop drawings, construction site visits, as -built drawings & engineer's certification for SJRWMD permitting purposes Geosyntec will also provide: 6. Project Management including project administration, subconsultant coordination, client status reporting, and attend client /SJRWMD meetings (up to 6). DELIVERABLES a. Phase 190%, 100%, Final Plans (and permit documents) will be submitted by M&A to the City as described in their enclosed subconsultant proposal. b. Phase 2 construction monitoring related documents will be submitted by M&A to the City as described in their enclosed subconsultant proposal. ASSUMPTIONS i. Geotechnical assessment of the project site will be necessary to evaluate improvement alternatives. It is understood that the City is procuring this work under separate contract. A copy of the geotechnical testing results will be provided to the consultant ii. No ecological, wetland delineation or environmental assessment will be necessary to design and permit this project. As such, these services are not included in this proposal. It is assumed the ditch will be classified as surface water from top of bank to top of bank. iii. Engineering and ecological services related to mitigation plans are = included in this proposal. iv. The City will make all pertinent data available to Geosyntec, including copies of all scanned documents. Hard copy documents will be made available for scanning. V. This scope of services has assumed that the consultant will not be involved in any public involvement meetings during the duration of the project. BUDGET ESTIMATE Geosyntec proposes to provide the services discussed herein for $36.594.00 on a lump sum basis, in accordance with the terms and conditions specified herein and pursuant to our contract with the City. The lump sum amount is based on our estimated budget for engineers I scientists I innovators Proposal for Ditch Dredging Design & Permitting South Central Ditch Geosyntec ° Cape Canaveral, Florida September 4, 2013 consultants performing these services, which includes the labor, subconsultant fees, and other direct costs necessary to complete the work scope described in the proposal, as detailed in Attachment A. The budget estimate includes fees from specialty subcontractors as follows (copies of the subconsultant proposals are included in Attachment B): • Morgan & Associates - provide design plans & Specifications and permit preparation services as well as surveying and mapping of the project area to support the project. Project efforts will be billed to the City on a lump sum task percent complete basis, based on the major tasks defined in the cost build -up spreadsheet in Attachment A. Individual subconsultant and combined other direct costs will likewise be billed lump sum based on a percent complete basis. Invoices will be structured to list project tasks (and subconsultant / combined other direct cost) with accomplished percent complete, then corresponding budget invoiced, overall budget expended and overall budget remaining. If requested, a separate status report will be provided to the City's project manager providing a narrative of work accomplished supporting the invoice. SCHEDULE Geosyntec and M&A can begin work immediately upon receipt of a Notice to Proceed from the City. Work will commence and proceed in accordance with the schedule provided in M&A's proposal in Attachment B. CLOSURE The scope, fees, and schedule provided herein are considered valid for 90 days from the date of proposal unless otherwise noted. After 90 days, we reserve the right to reevaluate project scope, fees, and schedule. We appreciate the opportunity to work with the City on this project. Should you have any questions or comments regarding this proposal, please do not hesitate to contact us at (407) 321 -7030. Sincerely, Geosyntec Consultants, Inc. Mark W. Ellard, PE, CFM, D.WRE Associate, Water Resources mellard 0geosyntec.com cc: Andy Kirbach - Morgan & Associates Attachments A - Fee Estimate B - Subconsultant Proposal engineers I scientists I innovators Proposal for Ditch Dredging Design & Permitting South Central Ditch Cape Canaveral, Florida September 4, 2013 Attachment A engineers I scientists I innovators Geosyntec° consultants k § \| \� 0 B |\ ! 7_ !• ® !| H :| ! 2! |\ § }:; w e 8 g e e T ,! ■| ,§ „ !| ; ` |j - / {� ` jH( \| \� 0 B Proposal for Ditch Dredging Design & Permitting South Central Ditch Cape Conavera4 Florida September 4, 2013 Attachment B engineers I scientists I innovators Geosynte& consultants August 30, 2013 Mr. Mark Ellard, PE, CFM, D.WRE Associate, Water Resources Geosyntec Consultants, Inc. 6770 South Washington Avenue Suite 3 Titusville, Florida 32780 Subject: Proposal for Engineering & Permitting Services City of Cape Canaveral Central Ditch Dredging Cape Canaveral, Brevard County, Florida Dear Mark, We appreciate the opportunity to provide a proposal for consulting engineering/permitting services for the dredging of the Central Ditch from Central Blvd. south approximately 1,000 ft. My understanding of the requirements for the project is as follows: Survey Phase Field Survey the project area, which includes cross sections within the ditch. Design Phase Prepare exhibits for the maintenance dredging. Technical Specifications will be prepared for the dredging work, if required. Shoreline Resource Survey Prepare a shoreline resource survey to locate protected vegetation (i.e. mangroves) along the shorelines of the project area. A detailed map and written description of the protected vegetation will be prepared. Permitting The above information will be gathered into an application format and submit the package to SJRWMD or FDEP and ACOE. In addition, environmental responses will be prepared, if necessary, to two SJRWMD or FDEP and ACOE RAls, including, but not limited to, narrative descriptions of impacts, site plan, associated environmental maps and figures. Permitting will be coordinated with the client, City of Cape Canaveral, the project engineer, the project surveyor, SJRWMD or FDEP, and ACOE to obtain all information necessary for the completion of the responses. Construction Phase • Construction Observation — 2 visits • As -Built Certification (SJRWMD or FDEP, ACOE, if required) 504 N. Harbor City Blvd. • Melbourne, FL 32935 • Phone (321) 751 -6088 • Fay (321) 751 -6089 This Proposal is Prepared Assuming the following. 1. Any boundary and topographic surveys will be provided in AutoCad format 2. All additional and historical utility information will be provided. 3. Activity is not located on Sovereign Submerged Lands (SSL) owned by the State of Florida 4. No offsite engineering/permitting is required. 5. No wetland or endangered species permitting is required. 6. All Application /Permit /Impact fees to be paid by the Owner. 7. Required Geotechnical Engineering/Report will be provided by the Owner. 8. An as -built survey prepared by a Professional Surveyor & Mapper, licensed in the State of Florida, will be provided, if /as required to certify to the regulatory agencies. SCHEDULES AND FEES Schedules: Upon receipt of Owner's written authorization to proceed, Morgan & Associates will begin work immediately. Fees: The fee will be as follows. Survey $9,504 Design $94408 Permitting $6,856 Construction $2,700 Printing/Copies $400 TOTAL $28,868 We propose to provide the above services for a lump sum fee of $28,868.00. Morgan & Associates fee includes print costs for five (5) sets of plans for the Owner. Additional printing requested by the Owner will be billed at $2.50 per standard construction sheet (24" x 36 "). Morgan & Associates fees will be invoiced monthly based on a percentage of work completed and payment will be due within 30 days. Interest of 1.5% will be invoiced on all accounts unpaid after 60 days from receipt of invoice. Work will be stopped on all accounts unpaid for 180 days and a re -start fee will be applied once account has been brought up to date. Additional services not included in the above tasks will be billed at Morgan & Associates standard hourly rates or negotiated as a lump sum priorto beginning work. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re- negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by Morgan & Associates throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by Morgan & Associates, not including reimbursable expenses and sub - consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Owner hereby agrees to pay all costs of such collections including Attorney's fees. The Owner and Morgan & Associates respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Owner nor Morgan & Associates shall assign, sublet ortransfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 30, 2013. Acceptance after this date may necessitate increased fees or altered conditions. Sincerely, Morgan & Associates Consulting Engineers, Inc. AKZ(d idrbach Andy Kirbach, PE Vice President ACCEPTANCE: BY: TITLE: DATE: City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/17/2013 Item No. Subject: Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same. Department: Public Works Services Summary: In recent years, there has been increased use of stormwater exfiltration systems as a method of stormwater management. The use of exfiltration systems is particularly suitable for small- footprint properties, areas where large parking lots are required and in areas that are nearly built -out. In general, stormwater exfiltration systems installed in sandy soils allow for the infiltration of stormwater to surficial sediments in lieu of discharge to area water bodies via stormwater pipes. Recent implementation of stricter Federal and State stormwater treatment/management laws regulating the discharge of stormwater has also spurred the use of these systems. The practicality of these systems is that they provide large areas for stormwater management and do not require changes to existing land use. The City's new Fire Station Project will use a stormwater exfiltration system (vault system) beneath the parking lot area to reduce the amount of stormwater discharged to the City's existing stormwater system. Documentation of an example stormwater exfiltration system project (vault system) is included as Attachment #1. Staff is proposing the installation of a stormwater exfiltration /reclaimed water disposal system beneath the outfields of the Softball Diamond and Little League Field at Canaveral City Park as outlined in Attachment #2. This would include the redirection of area stormwater pipes to allow for the discharge of stormwater to the exfiltration system, thus allowing infiltration into the surficial sediments. The specific type of exfiltration system to be constructed at the site (vault system or exfiltration piping) will be determined based upon results of computer modeling. Whichever system is utilized, it would include the construction of an emergency overflow structure to allow for the discharge of stormwater into the existing stormwater pipes for extremely large storm events. The Project is divided into two phases — the investigative phase (Phase 1) and the engineering design phase (Phase 2). Phase 1 of this Project includes the following tasks: • Comprehensive survey (including collection of elevation data) of area manholes and other stormwater structures; • Development of a computer model simulating stormwater flow in the area of Canaveral City Park; • Completion of pollutant load analyses to receive stormwater credits from Florida Department of Environmental Protection (FDEP) through the Total Daily Maximum Load (TMDL) Program; and • Review and analysis of conceptual alternative methods. City Council Meeting Date: 09/17/2013 Item No. Page 2 of 2 Phase 2 of the Project will be completed based upon the investigative results of the Phase I activities. These investigative results will also be used to determine the viability of using the selected exfiltration system for the disposal of excess reclaimed water from the City's wastewater treatment plant (WWTP). Use of the site as a reclaimed water disposal site, if approved by FDEP, would eliminate the need to discharge treated wastewater to the Banana River. Since this proposed Project would remove a significant amount of stormwater discharging through the existing stormwater system, the City may receive stormwater credits from FDEP through the TMDL Program. These credits will be awarded based upon the reduced amount of nitrogen and phosphorous discharged to the Banana River. Recognizing the environmental importance of this Project and the need to continue to reduce stormwater discharges to the Banana River, Staff included this Project in the City's State Revolving Fund Loan Application submitted to FDEP. In addition, the City will be applying for an EPA 319(h) grant through FDEP (60% - 40% match) to fund a portion of the Project. After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected GeoSyntec Consultants, Inc. (GeoSyntec) of Titusville, Florida to perform the Project tasks. GeoSyntec is one of the engineering firms selected by the City for Professional Engineering /Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011 -01. A Master Services Agreement for these services has been signed between the City and GeoSyntec. A cost estimate for this Project as prepared by GeoSyntec is included as Attachment # 3. This cost estimate is for Phase I activities only. Submitting Department Director: Jeff Ratliff s R Date: 09/06/13 Attachments: #1 — Example Project. #2 — Location of Project Area. #3 — GeoSyntec Cost Estimate. Financial Impact: $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park to be funded by SRF. Staff time and effort to prepare th s- Agenda Item. �j Reviewed by Finance Director: John DeLeo ! .. Date: / - 3 The City Manager recommends that City Council take the following actions: Approve Task Order No. 2 in the amount of $76,596 to GeoSyntec Consultants, Inc. for Surveying, Computer Modeling and Preliminary Engineering Design Services related to the installation of a stormwater exfiltration /reclaimed water disposal system beneath Canaveral City Park and authorize the City Manager to execute same. Approved by City Manager: David L. Greene 0'L-L Date: 9% / City Council Action: [ ] Approved as Recommended [ ] Disapproved Approved with Modifications Tabled to Time Certain Attachment #1 Example Pr oject (from Stormwater Magazine) , d STORMWATER STORAGE FOR CUBESMART HEADQUARTERS ubeSmart, the fourth larg- est owner and operator of self- storage facilities in the country according to the 2011 Self Storage Aimanac, is a self- administered and self -man- aged real estate company focused on the ownership, operation, acquisition, and development of self- storage facili- ties in the United States. CubeSmart owns or manages 479 self- storage facilities across the country and operates the CubeSmart Network, which consists of approximately 850 additional self- storage facilities. The company's services include stor- age customization, logistics services, comprehensive moving services, organizational services, and office amenities. Its self - storage facilities are designed to offer affordable, easily accessible, secure, and, in most locations, climate - controlled storage space for residential and commercial customers, as well as boat storage and mini - storage. Recently, the organization chose to expand its presence in Pennsylvania by opening a location in East Whiteland. Originally, the town envisioned that the site would consist entirely of office space, but when CubeSmart chose to purchase the space, the company decided to relocate its corporate headquarters here and use the other half for storage. The space is divided in half, including Class A offices for 160 employees currently operating out of the Wayne, PA, office, and self- storage facilities. Engineers from Nave Newell Inc. were tasked with designing the new location, which would include the installation of a stormwater management system. Nave Newell is a full - service civil engi- neering, land planning, landscape architecture, and land surveying firm based in King of Prussia, PA. The firm specializes in land development design and approvals throughout Pennsylvania, New Jersey, Delaware, and Maryland. The engineering team from Nave Newell collabo- rated with contractors at Lyons & Hohl Site Contrac- tors to develop the new layout for the site and was faced with a number of onsite challenges when designing the stormwater management system. The engineers had to overcome a 60 -foot topographic grade to establish the building pad and parking area. In addition, the site is the last piece of land to be developed at a prominent intersec- tion and is located at the top of a steep bluff. Because of this, engineers were under close scrutiny by the township, county and s state regulators, and A stakeholders and had ji to be mindful of the quality of the receiving watershed. Nave Newel engineers selected the Cultec stormwater system to detain or temporarily store excess stormwater onsite and allow for infiltration in accordance with both township and state regulations. Because the site is located atop a steep bluff, engineers had to be very careful in establishing the discharge location. Runoff could not be discharged directly over the side of the bluff for fear of erosion down the slope. "We knew that any consistent flow of runoff going over the side of the bluff would eventually cause it to erode and set other potential dangers in motion, says Alex Tweedie, Nave Newell design engineer. "In order to prevent any chance of erosion, a pipe was extended outside the area to cre- ate a discharge site that would be able to adequately receive the runoff." Because only half of the site was dedicated to office space, the demand for parking was greatly reduced. Still, engineers were faced with optimiz- ing the grading to create enough level pads for the parking and reserve park- ing areas. The most efficient solution was to install a subsurface stormwater system. A grass field for reserve park- ing was placed on top of the stormwa- ter system, leaving space for approxi- mately Too additional parking spots. Cultec stormwater chambers replace conventional stormwater retention or detention systems such as ponds, swales, pipe and stone trenches or beds, or concrete struc- tures. The chambers may be used for drywells and may be installed in trench or bed configurations according to site restrictions and client preference. The contact area is maximized by the fully open bottoms and perforated sidewalls. The chambers are typically installed beneath parking areas to capitalize on use of space; however, they may also be placed below grassy areas. Cultec offers the largest variety of chamber sizes and is able to accom- modate almost any site parameter, whether large or small. With sizes from 8.5 to 48 inches tall, the chambers have storage capacities ranging from 0.819 ft' /ft to 17.62 ft' /ft. Given the restrictions of the site terrain and the storage requirement of FORESTER UIIIVERSTIY PRESENTS Erosion Control Systems and in Green Infrastrictusedig 1 PDWO.1 CEUsl Free Webinar! Tuesday, August 27 @ 2pm EDT / 11 am PDT At a time when much of our Infrastructure Is In need of repair, implementing erosion control systems and green Infrastructure can be the most cost- effective solution. Join Jill Pack and Gabriel Weaver for a FREE webinar exploring how Implementing effective erosion control systems in linear and waterway projects can enhance your green infrastructure projects and cost savings. Sponsored by Tensar North American Green Tenser North American Green is the world's leading provider of comprehensive erosion and sediment control solutions, ensuring cost- effective solutions with exceptional results. Register today Q ForesterUniversity .net! Or 0a�nmv NORTH AMERICAN GREEN ANYWHERE September 2013 167 w .stormh2o.wm 93,397 cubic feet, Nave Newell engi- neers chose to use Cultec s Recharger 330XL model for the system. With a capacity of over 400 gallons, this Cultec chamber is one of the larg- est available. it provided a balance of maximizing storage while using a small footprint and best satisfied the require- ments of the CubeSmart site. The unit is 52 inches wide by 30.5 inches high and has an installed length of 7.5 feet with a bare chamber capacity of 75 cubic feet per linear foot. Because of its size, the chamber can help save land space and offer design flexibility. In all, the subsurface Cultec system provided 94,319 cubic feet of storage. Cultees chambers are dome - shaped with perforated sidewalls and fully open bottoms to allow maximum infiltration. In addition, 25 HVLV FC -24 feed connectors were inserted into the side petals of the Cultec stormwater chambers to create an internal mani- fold system. The feed connectors have a larger flow capacity than a 12 -inch (300 - millimeter) - diameter pipe. Coupled with the plastic stormwater chambers, the manifold created an underground detention field that will hold water until it can be cast out. "We prefer to install an open chamber system over a pipe sys- tem because you get a much better overall footprint,' says John Hogan, Nave Newell design engineer. "The Recharger 330XL is a very efficient chamber that has a lower volume in the early stages of a storm" Representatives of Lyons & Hohl Site Contractors, which specializes in residential and commercial turnkey sitework projects, installed the subsur- face system in less than three weeks. The extensive bed included more than 700 chambers placed in 45 rows. Cultec s No. 410 Filter Fabric encases the entire bed, preventing soil intru- sion into the chamber bed. The system occupies 33,088 square feet. It also required 7,264 tons of stone, which provided a 400,b void for the water. The void spaces between the stone add to the storage provided while also assisting in alleviating the load above the system. "Cultec s chambers are created out of lightweight polyethylene, mak- ing the installation fast and efficient" says Mike Hohl, project manager with Lyons g Hohl. "The entire system was installed with only a handful of work- ers. The chambers are durable and corrosion resistant, and their interlock- ing connections help facilitate a fast and foolproof operation' According to Tweedie, Cultec systems were a natural decision due to the nature of the onsite condi- tions. The subsurface system solved the challenges of the topography while maximizing the space above for reserve parking. 6 For related articles: www.stormh]o.com /project- deslgn Learn & Earn with Forester U Hydraulics 101 (For Those Who Skipped li College) David T. Williams, PIi.D., P.E., PH, CPPA, CPESC, O.VJRE, President, DTW and Associates 2- Sossinu S,i; its: Selluild!- ....., 3PDH /0.3 CEU At a loss when hydraulic engineers start talking? Join former IECA President David T. Williams to learn to "talk the talk" and better understand your hydraulic engineers and their reports when they're talk- ing in terms of unsteady flow, allowable sheer stress, Manning's "n', etc. In this 2 -part webinar, we'll discuss the base concepts, terms, and analyses behind hydraulics and hydraulic studies, as well as advanced topics leg., hydraulic scour of structures, weirs, culverts, hydraulic grade control, and bank stabilization), and now all of these are essential for effective hydraulic design. 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I .j . .. ..... , A New Way of Stormwater Management —Applying Asset Management to Stormwater Programs 1 PDH / 0.1 CEU 68 I September 2013 www.stormh2o.00m Attachment #2 location of Protect Area Area SW Lines Location of Project Area T l r GeoSyntec Cost Estimate Geosyntec consultants Mr. Jeff Ratliff, Public Works Services Director Cape Canaveral Public Works Department 601 Thurm Blvd., P.O. Box 326 Cape Canaveral, FL 32920 Subject: Task Order No. 2013 -02 Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida Dear Mr. Ratliff: 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321. 269.5880 w .geosyntecxonn September 6, 2013 Geosyntec Consultants, Inc. (Geosyntec) is pleased to provide the City of Cape Canaveral (City) with this proposal for the City Park stormwater retrofit project. Work will be conducted pursuant to our June 2011 contract with the City for Engineering & Surveying Services. Geosyntec will be assisted on the project by subconsultant Morgan & Associates, Inc. (M&A). BACKGROUND The City Park Stormwater Retrofit project is located within City limits bounded by Monroe Avenue (north), Harrison Avenue (south), Orange Avenue (west), and Magnolia Avenue (east). The project area includes a primary storm sewer trunk line that runs adjacent to the park area, draining from east to west, outfalling into the Banana River. The project site is located within Section 23 of Township 24 South, Range 37 East. The study area is located within the jurisdiction of the St. John's River Water Management District (SIRWMD). The City is evaluating improvements to its drainage systems to reduce discharges of pollutants associated with stormwater runoff into the Banana River. The reduction of pollutants from stormwater (non -point source) discharges is required as part of the Basin Management Action Plan (BMAP) developed to address the Total Maximum Daily Loads (TMDLs) for the Banana River as part of the overall Indian River Lagoon (IRL) system. The City Park lies adjacent to one of the City's primary storm sewer outfall systems. Open space associated with the Park may provide an opportunity to implement BMPs to provide water quality treatment of stormwater to help meet future BMAP -TMDL requirements. It is noted that the City has not observed any significant flooding associated with this outfall system. The City wishes to investigate the Park area to identify opportunities for retrofitting the drainage system. The goal would be to provide treatment not only for the site runoff but also for some portion of the runoff being conveyed via storm sewer from upstream and lateral areas. Exfiltration as a BMP is believed to be the most advantageous option for stormwater quality treatment. Hydrologic & hydraulic modeling would need to be conducted to evaluate the level of service of the existing system and to establish a baseline for proposed system performance. Water quality modeling would assess the degree of pollutant load reduction of the proposed improvement concept relative to existing conditions. Once an improvement concept is developed, preliminary design specifics can be conceptualized to estimate engineers I scientists I innovators Proposal %or Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Geospte& consultants implementation costs and identify permit requirements. This would allow final design plans, specifications, and permitting efforts to be initiated as a subsequent project phase. SCOPE OF WORK Geosyntec envisions that the overall project will be conducted in two phases: 1) Preliminary Assessment and Improvement Conceptualization, then 2) Design & Permitting Phase. Phase 1 would be completed first to identify the improvement alternative the City wishes to move forward with under Phase 2. This scope of work includes detailed scope and costs for Phase 1 only. An outline of tasks for Phase 2 is included for informational purposes. The following sequence of tasks is proposed for this project. Phase 1 - Preliminary Assessment and Improvements Conceptualization 1. Data Collection — Collect and compile all relevant data necessary for the study from the City, County, and regulatory agencies. This will include plans and permits, City complaint logs, and the City's Stormwater Master Plan. GIS based environmental data (LiDAR, soils, land use, floodplains, jurisdictional, etc.) will be collected as necessary to support the development of a hydrologic & hydraulic model representation of the outfall system. 2. Desktop Evaluation - Conduct a desktop evaluation to compile data from available sources including topographical data and available plans and permits downloaded from the SJRWMD which have pertinent drainage information for the surrounding area. All relevant data would be imported into GIS geodatabases for data management, digital elevation model development, and infrastructure mapping to support hydrologic & hydraulic model development. 3. Field Reconnaissance - A site inspection would be conducted to observe site conditions, drainage patterns, and inspect existing facilities in the project area. This would include detailed inspection of the Park area and outfall system, photographic documentation, and compilation of data. The following field activities will also be completed: o Field Survey - Morgan & Associates will conduct a topographical survey of the City Park area and drainage infrastructure associated with the outfall system in accordance with their subconsultant proposal included as Attachment B. This will include inverts and sizes of upstream and downstream manholes, inlets, pipes, associated with the main trunk lines and laterals. This outfall system survey will detail the entire system due to the sensitivity of maintaining flooding level of services associated with proposed improvement concepts. The surveyor will also collect detailed topographical data from the Park area, as well as immediately adjacent features which may impact construction and /or site access. This will consist of establishing property and easement lines of the Park, establishing control, collecting detailed topographic data suitable for 1 foot contour generation of the Park area. Surveyor will also collect ancillary features including above ground utilities, below ground utilities (based on surface markings from utility locate service), infrastructure entering the project area, trees, mailboxes, etc. engineers I scientists I innovators Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 GeosMte& consultants o Geotechnical Anal, sv is - Geotechnical analysis will be required to evaluate exfiltration option in the vicinity of the Park area. This will be provided by City consultant outside this scope of work. 4. Existing Conditions Analysis - Develop an existing conditions hydrologic & hydraulic model in ICPR or SWMM of the area associated with the City Park and storm sewer system contributing to the outfall. The model would be used to estimate runoff from design storm events in the existing conditions and in a subsequent task be used to evaluate the impact of the proposed improvements on drainage level of service. The analysis would address the following: • A model network (nodes /links) will be laid out in sufficient detail to properly evaluate level of service of the storm sewer outfall system. Use of available topography will be used to delineate subbasins contributing to the drainage network inlet points. • The model will simulate the mean annual 25, and 100 year 24 hour duration storms for general Flood impact. The 10 -year 1, 2, 4, 8, and 24 -hour durations storms will also be run to evaluate level of service under differing rainfall intensity and rate impacts. Regional rainfall totals from the SJRWMD will be used. Florida Modified and FDOT rainfall distributions will be used. • The green -ampt rainfall excess method will be used to estimate runoff due to the need to evaluate small rainfall depth storms and the potential use of the model for long -term continuous simulations. This will require the estimates of impervious area and soil infiltration properties from reference data and site specific geotechnical information (provided by others). • Because of the sensitivity of the storm sewer system to changes in hydraulic grade line, and the significant influence of tailwater (tidal) in the system, it will be prudent to model the outfall network in detail. This will allow for accurate verification of Flood stage and flow impacts in the system based on proposed improvements, and allow for accurate evaluation of level of service. • It is assumed that the 10 year level of service level would apply to the storm sewer, while the 25 year level of service would apply to stormwater BMPs associated with the Park. o Model level of service results will be depicted on exhibits. 5. Improvement Conceptualization - Based on the results of the existing conditions analysis, improvement alternatives will be conceptualized. The goal of this effort will be to maximize the amount of stormwater to be diverted to a Stormwater treatment system (BMP) located at the City Park within the footprint area available for exfiltration, while maintaining 10 year level of service in the associated storm sewer system. A secondary goal would be to eliminate any level of service deficiencies identified during the existing conditions analysis. It is expected that the improvements will be based on exfiltration technologies. The improvements conceptualization analysis will include: engineers I scientists I innovators Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Geosynte& consultants o Develop one (1) improvement concept configuration that redirects stormwater to a centralized exfiltration BMP location at the Park. • The existing conditions model will be adapted to evaluate the performance of the improvement concept. This task would include confirming design criteria, hydraulic constraints, treatment performance, and acceptable configurations. • Recommended conceptual layout of the proposed stormwater system BMP improvement and associated drainage appurtenances will be developed and depicted on CAD /GIS based exhibits. • Improvement concept implementation feasibility will be evaluated using multiple relevant criteria including: cost, flood reduction, water quality improvement, constructability, utility conflicts, long -term maintenance burden, permitting difficulty, and aesthetics /public acceptance. 6. Pollutant load analysis - A spreadsheet based loading model will be developed to compare existing conditions to proposed improvements concept conditions. The model will be setup on an annual load basis using an event mean concentration (EMC) approach from reference data. The model will be compatible with the pollutant load calculation methodology used in the current Indian River Lagoon BMAP -TMDL. 7. A Draft Technical Memorandum will be prepared for City review summarizing the existing conditions and improvement conceptualization. A summary of the data collected during the desktop evaluation and field reconnaissance will also be included. The memorandum will include exhibits and backup modeling calculations sufficient to support the conclusions and recommendations. B. A Final Technical Memorandum will be prepared which incorporates City comments and input. 9. Project Management - General project administration, client coordination, subconsultant oversight, and correspondence /meetings. 51 N 9 VA 0 Al 1.10 *1 a. Two (2) copies of the draft Technical Memorandum will be provided for City review. b. Three (3) copies of the final Technical Memorandum will be provided for City review. A copy of the final Technical memorandum will be provided in PDF format, along with copies of all relevant project data on a CD /DVD. Based upon the results of the Phase 1 preliminary tasks described above, a Phase 2 effort could be undertaken through which construction plans and documents for the preferred stormwater retrofit design would be prepared and the project permitted. These services would be covered by a separate scope of work (not included herein). Potential design tasks are outlined below for informational purposes: engineers I scientists I innovators Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Geosyntee Cape Canaveral, Florida consultants September 6, 2013 Potential Phase 2 Design Tasks 1. 30% Design Meeting - Discuss preliminary design layout, design constraints, and plans production issues with City. Consultant would coordinate the meeting and prepare minutes. Note that the results of the Phase 1 conceptual analysis may suffice for this task. 2. SJRWMD Coordination - Prepare for and meet with the SJRWMD review staff to discuss the proposed concept and identify permit issues and criteria to be met. Consultant would coordinate the meeting and prepare minutes. 3. 60% Construction Plan Documents - After agreement on the 30% conceptual design layout for the water quality units, prepare 60% construction plans and bid documents for the City's review. o Plan set would be I1 "x17" format (or 24 "06" if preferred by the City) and would be anticipated to include the following: • Cover Sheet with Location and Benchmark References -1 sheet • General Notes Sheet - 1 sheet • Summary of Pay Items Sheet - 1 sheet • Drainage Map -1 sheet • Typical Sections - 1 sheet • Summary of Quantities - 1 sheet • Summary of Drainage Structures - 1 sheet • Survey Control Sheet (Project Layout and Benchmark Ties) - 1 sheet • Plan and Profile - 4 -8 sheets @ 1"= 40'scale • Cross - Sections - 4 -8 sheets @ -50 -100' intervals • Drainage Structure Details -1 -2 sheets • Miscellaneous Details -1 -2 sheets • Geotechnical Soils Data -1 -2 sheets • Erosion Control Plan - 2 -4 sheets • Stormwater Pollution Prevention Plan (SWPPP) - 1 sheet • Maintenance of Traffic -1 -2 sheets o Preliminary Cost Estimate. o Prepare special and technical specifications forbid purposes. 4. 90% Construction Plan Documents - Upon receipt of comments from the City, prepare 90% construction plans, engineer's cost estimate, and bid documents for the City's review. S. Utility Coordination - Forward copies of 90% plans to identified utility companies to solicit input on possible conflicts. Reponses will be documented in a memorandum. 6. Draft Permit Preparation - If a permit is determined necessary for the project, prepare draft SJRWMD permit application documents for City's review concurrent with 90% plans, including: engineers I scientists I innmmtors Proposal forStormwater Improvements Evaluation Geosyntec ° City Park Stormwater Retrofit Cape Canaveral, Florida consultants September 6, 2013 • Drainage Report including geotechnical reports. • Permit application forms (assuming a standard general permit). 7. 100% Construction Plan Documents - Upon receipt of comments from the City, prepare, 100% Construction Plans & Specifications, quantities, cost estimate, and specifications for the City's review. 8. Final Permit Preparation & Submittal - If a permit is determined necessary for the project, prepare and submit SJRWMD permit package including application forms, drainage report, and 100% plans (incorporating any comments from City review of draft permit documents). Address any requests for additional information (RAls) Issued by the SJRWMD. 9. Final Construction Documents - Upon receipt of SJRWMD permit, prepare Final Construction Documents to include final plans sign & sealed by a registered Florida P.E., quantities, cost estimate, and specifications, incorporating any additional City comments on the 100% review set. At this time, all data associated with the construction documents would be transmitted on disk. ASSUMPTIONS i. No coordination or pre - application meetings with S)RWMD are included in this current scope. ii. The improvements conceptualization is limited to 1 concept, optimized to meet the projects goals. iii. No ecological, wetland delineation or environmental assessment will be necessary to design and permit this project. As such, these services are not included in this proposal. Engineering and ecological services related to mitigation plans are nQS included in this proposal. iv. Geotechnical assessment of the project site will be necessary to evaluate improvement alternatives. It is understood that the City is procuring this work under separate contract. A copy of the geotechnical testing results will be provided to the consultant. V. The City will make all pertinent data available to Geosyntec, including copies of all scanned documents. Hard copy documents will be made available for scanning. vi. This scope of services has assumed that the consultant will ot be involved in any public involvement meetings during the duration of the project. BUDGET ESTIMATE Geosyntec proposes to provide the services discussed herein for $76.596.00 on a lump sum basis, in accordance with the terms and conditions specified herein and pursuant to our contract with the City. The lump sum amount is based on our estimated budget for performing these services, which includes the labor, subconsultant fees, and other direct costs necessary to complete the work scope described in the proposal, as detailed in Attachment A. engineers I scientists I innovators Proposal far Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Conavera4 Florida September 6, 2013 Geosyntec° consultants The budget estimate includes fees from specialty subcontractors as follows (copies of the subconsultant proposals are included in Attachment B): • Morgan & Associates - provide surveying and mapping of the project area to support modeling and improvements conceptualization. They will also provide peer review QA /QC of the draft technical memorandum. Project efforts will be billed to the City on a lump sum task percent complete basis, based on the major tasks defined in the cost build -up spreadsheet in Attachment A. Individual subconsultant and combined other direct costs will likewise be billed lump sum based on a percent complete basis. Invoices will be structured to list project tasks (and subconsultant / combined other direct cost) with accomplished percent complete, then corresponding budget invoiced, overall budget expended and overall budget remaining. If requested, a separate status report will be provided to the City's project manager providing a narrative of work accomplished supporting the invoice. SCHEDULE Geosyntec and M&A can begin work immediately upon receipt of a Notice to Proceed from the City. Work will commence and proceed in accordance with the schedule provided in Attachment C. CLOSURE The scope, fees, and schedule provided herein are considered valid for 90 days from the date of proposal unless otherwise noted. Aker 90 days, we reserve the right to reevaluate project scope, fees, and schedule. We appreciate the opportunity to work with the City on this project Should you have any questions or comments regarding this proposal, please do not hesitate to contact the undersigned at (321) 249 -9360. Sincerely, Geosyntec Consultants, Inc. I Mark W. Ellard, PE, CFM, D.WRE Associate, Water Resources mel la rd 0geosyntec.com cc: Andy Kirbach - Morgan & Associates Attachments A - Fee Estimate B - Subconsultant Proposal C - Schedule engineers I scientists I innovators Proposal far Starmwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Attachment A engineers I scientists I innovators Geosynte& consultants F w m m L) C y 0 J Q) V c gg888$ 888$$ gg$8 88$ $$§ 8$$g $$ $$$$$$ 8 $8 C ��i FF agg ,°^, S�F73E�g$ 8p g�gG 999 gGiggN a, 1 pp9A gG ApS@ppR899A gS g_g_aa:n�gg AARB.°`. 8A gg 9p9A ggS q 8888? 8&3°°l 888 m Ris $ 8e IMA 88„1 11881 33x33 3333�� $3�� 3333333339 fig �F T -- sa II 33 . -- . - �3833 SFF� �3�3 ai;i$333gggqypyp+p�p+� �giaii�g� $(gX� ■{ va 111IIIIII Fyn - -- - .. d a. - . A .. ., a . A 8887$ ppfifiA $88$$( RpBBpA ppdA 8Fpp 1a A €Fi ABAA ^A� �pp 3 A i 8 a 3 _ � Jr7 e7 �N6 n� jNNN9 n.9j±� Mh.1!N4d� JJ.iG at) A G $ F a V u� L) C y 0 J Q) V O y c � c O Z z r s � gg gggy R93SRSSA8R88B98$ ^_� b38ei $�8< -� gtt3 3 E j � I 11T 3 - - - - - - - T t =� 8g z� m3F "aaaaans "�S k� � k tl; C�e� �F as e s� vae�2- ^p � GaSag8H6949988FdC H�9$ n �a Ga „FF'_ n" It d a t [) = ' =u 6ff��SS44jEa z� yE �scr]EiJf {{ESfEr E Sit �fa��i6�n� Lp=l FF 6�G i V u O y c � c O Z EXHIBIT A2 - REIMBURSABLE OUT -OF- POCKET- EXPENSES City Park Stormwater Retrofit Cape Canaveral, Florida Date: 09/06/13 Geosyntec" Exhibit A2 - Page 1 of 1 Photocopies B/W Copies -8% "xi 1" copy $0.09 1000 $90.00 B/W Copies -11 "x17" copy $0.10 50 $5.00 Color Copies -8% "x11" copy $1.00 250 $250.00 Color Copies -11 "x17" copy $2.00 50 $100.00 Scans 8'/: "x11 ", WIV'x14" 11 "x17" sheet $0.10 0 $0.00 Large Format B/W (17 "x24" 24 "x36" 36 "x48 ") sheet $2.00 0 $0.00 Large Format Color (17 "x24" 24 "x36" 36 "x48 ") sheet $10.00 0 $0.00 Full Size Plans and Plots (plans, public meetings, etc. 24 "x36" B/W Copies sheet $3.00 0 $0.00 24 "x36" B/W Plot sheet $5.00 1 0 $0.00 24 "x36" Color Copies sheet $7.00 0 $0.00 24 "x36" Color Plot sheet $10.00 5 $50.00 36'x48" B/W Copies sheet $5.00 0 $0.00 36 "x48" B/W Plot sheet $7.00 0 $0.00 36 "x48" Color Copies sheet $10.00 0 $0.00 36 "x48" Color Plot sheet 1 $15.00 0 $0.00 - Courier / Express Delivery Service Public Works delivery $20.00 2 $40.00 Downtown Cape Canaveral delivery $20.00 0 $0.00 All other Central Florida areas (permits, etc.) delivery $25.00 0 $0.00 Digital Archiving (include burning and labeling) CD Data each 1 $5.00 0 $0.00 DVD Data each $10.00 1 $10.00 Report Production Binders with Tabs, Covers each $20.00 5 $100.00 Mounting & Laminating (Presentation Materials) Gotor Board (3 /16 ") sf $10.00 0 $0.00 Project Specifc Costs /Fees GRAND TOTAL: 11 Geosyntec" Exhibit A2 - Page 1 of 1 Proposal%rStormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Attachment B engineers I scientists I innovators GeosMtec° consultants j ' AN, __ 1 t vW s s o c a e s Civil Engineers and Land Surve fors B J September 6, 2013 Mr. Mark Ellard, PE, CFM, D.WRE Associate, Water Resources Geosyntec Consultants, Inc. 6770 South Washington Avenue Suite 3 Titusville, Florida 32780 Subject: Proposal for Surveying & Engineering Services City of Cape Canaveral City Park Exfiltration Project Cape Canaveral, Brevard County, Florida Dear Mark, We appreciate the opportunity to provide a proposal for surveying and consulting engineering services for the City Park Exfiltration Project. My understanding of the requirements for the project is as follows: Survey Phase Field Survey (Topographic) the project area and adjacent /contributing storm drain based on the exhibit provided by Geosyntec. A boundary survey of the City Park site (approximately 2 acres) is included. Spot elevations and /or 1' contours will be shown on the survey. Assistance may be required from the City to remove storm drainage structure lids for access to accurately evaluate /survey pipe inverts and visually verify pipe size. Please note that only above ground improvements will be shown on the survey. No underground utilities will be shown unless marked by others and clearly visible at the time of survey. The survey elevations will be based on NAVD 1988 datum. Horizontal control will be based on the State Plane system. QA/QC Review draft and final reports and provide input /comments /recommendations. This Proposal is Prepared Assuming the Following: 1. All additional and historical utility information will be provided. 2. Boundary/Right of Way Survey not included. 3. Construction Drawings/Technical Specifications by other 49 No permitting assistance is required. 5. No wetland or endangered species permitting is required. 69 All Application /Permit /Impact fees to be paid by the Owner. 79 Required Geotechnical Engineering/Report will be provided by the Owner. SCHEDULES AND FEES Schedules: Upon receipt of Owner's written authorization to proceed, Morgan & Associates will begin work immediately. The survey will take approximately 2 -3 weeks and the QA /QC review will be based on Geosyntec's schedule for deliverables. 504 N. Harbor Citv Blvd. • Melbounie. FL 32935 • Phone (321) 751 -6088 • Fax (321) 7514089 Fees: The fee will be as follows: Survey $17,880 QA /QC $3,680 TOTAL $21,560 We propose to provide the above services for a lump sum fee of $21,560.00. Morgan & Associates fee includes print costs for five (5) sets of surveys for the Owner. Additional printing requested by the Owner will be billed at $2.50 per standard construction sheet (24" x 36 "). Morgan & Associates fees will be invoiced monthly based on a percentage of work completed and payment will be due within 30 days. Interest of 1.5% will be invoiced on all accounts unpaid after 60 days from receipt of invoice. Work will be stopped on all accounts unpaid for 180 days and a re -start fee will be applied once account has been brought up to date. Additional services not included in the above tasks will be billed at Morgan & Associates standard hourly rates or negotiated as a lump sum priorto beginning work. Compensation rates are based on ordinances, regulations and procedures in force on the execution date of this Agreement by the appropriate governing bodies having jurisdiction over the project. Any significant modification in these ordinances, regulations, procedures, etc. shall be justification for re- negotiation for the compensation due to the Consultant for the work involved. It is understood that any and all professional liabilities incurred by Morgan & Associates throughout the course of rendering professional services on this project shall be limited to a maximum of the net fee received by Morgan & Associates, not including reimbursable expenses and sub - consultants, for all services rendered on the project. Should it become necessary to obtain a third party to collect our fees for services, the Owner hereby agrees to pay all costs of such collections including Attorney's fees. The Owner and Morgan & Associates respectively bind themselves, their partners, successors, assigns and legal representative to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants to this Agreement. Neither the Owner nor Morgan & Associates shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. The terms and conditions of this proposal are effective through September 30, 2013. Acceptance after this date may necessitate increased fees or altered conditions. Sincerely, Morgan & Associates Consulting Engineers, Inc. Ano(U K.'Lrbach Andy Kirbach, PE Vice President ACCEPTANCE: BY: TITLE: DATE: )� a � k � 2 � � § E b B WO41 � � I u Im : ■8■a ■# ° X02 -C4 - - ®®- ®- - ■ t �e■g Ipp m■ § ■ in k e e - ® - -- as �3 2 � ■ ■■ ■■ § § § §� � , - ____ � I V4 ■ _ �2 199 ) o ® -® - k� °e ;22 � - - k� k f�a ■ 4111 to Ol�I a #8 a � �■ ■ �� $§ o a§ c; _ _ __ _ � a■ ■ @2 s_ � ■ ° ■ a � � a � a e 0 § � �2 k �k �a�� �■ § ■ Ipp Proposal for Stormwater Improvements Evaluation City Park Stormwater Retrofit Cape Canaveral, Florida September 6, 2013 Attachment C engineers I scientists I innovators Geosynte& consultants ATTACHMENT C - PROPOSED PROJECT SCHEDULE CITY PARK STORMWATER RETROFIT CAPE CANAVERAL, FLORIDA SEPTEMBER 6, 2013 Page 1 of 1 ID Task Name Duration Start Finish r r iovembe 1 Noticeto Proceed Iday Phase l- Preliminary Assessment 67 days Field Topographic Survey Data Collection 20 days 1 -Data Collection 5 days 2 - Desktop Evaluation 10 days 3- Feld Reconnaissance 5 days 4- Existing Conditions Analysis 30 days 5- Improvement Conceptualization 30 days 6 - Pollutant Loading Analysis 5 days 7 - Draft Technical Memorandum 5 days Submit Draft Technical Memorandum to City 1 day City Review of Draft Technical Memorandum 10 days 9 - Final Technical Memorandum 5 days Submit Final Technical Memorandum to Qty 1 day Project Close -out 1day Fri 9 /13/13 Mon 9 /16/13 Mon 9/16/13 Mon 9/16/13 Mon 9/23/13 Mon 10/7113 Mon 10 /14/13 Mon 10128 /13 Mon 11/11/13 Mon 11/18113 Mon 11/25/13 Tue 11/26/13 Tue 12/10/13 Tue 12117/13 Wed 12 /18/13 Fri 9/13/13 Tue 12/17/ Fri 10/11/13 Fri 9/20/13 Fri 10/4/13 Fri 10/11/13 Fri 30 125113 Fri 11 /8/13 Fri 11/15/13 Fri 11/22/13 Mon 11/25/13 Mon 12/9/13 Mon 12/16113 Tue 12117/ Wed 12/18 113 9/13 �_.. /20 12/17 -10 /11 014 10 /11 10/25 11/8 11/22 �,I1/25 _ -112/9 —s x,12/16 - ®i12/18 2 3 4 5 6 7 8 9 30 11 12 13 14 15 Geosyntec ° consultants Task Summary Project Summary Manual Summary Rollup Manual Summary '1111"MMMMMOMMv City of Cape Canaveral City Council Agenda Form City Council Meeting ate: 9/1712013 Item No. Subject: Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living Facility. Department: Community & Economic Development Summary: The Site Plan Set dated June 14, 2011 and Binding Developer's Agreement for the Casa Canaveral Assisted Living Facility were approved by Council on June 21, 2011. The Site Plan Set expired June 21, 2012 and was reapproved in September 2012. As the 12 -month life of the current Site Plan approval was nearing its expiration, Staff met with developer, Danny Ringdahl, to discuss improvements to the Plan. Staff expressed desire for increased vehicular visibility around the northwest corner of the building and additional parking lot landscaping. In the interest of safety, Mr. Ringdahl agreed to remove eight (8) living units from the northwest corner of the building, thereby increasing visibility and allowing for a wider turning radius. He also agreed to add landscaping islands in the parking areas. While Mr. Ringdahl agreed to the revisions, he requested that the existing site plan be reapproved and that the Developer's Agreement be revised to call for the site plan to be revised after financing for the project had been obtained. The agreed upon revisions to the site plan are being memorialized by amendment of the Developer's Agreement. The Agreement calls for a revised site plan to be submitted to the City and approved prior to the issuance of a building permit. Submitting Director: Barry Brown 33 Date: 09/09/13 Attachment: Modification to Binding Developer's Agreement. Financial Impact: Staff time and effort to prepare Agenda item. Reviewed by Finance Director: John DeLeo Date: A I'��'� The City Manager recommends that City Couno take the following actions: Approve Modification to Binding Developer's Agreement between the City of Cape Canaveral and Puerto Del Rio, L.L.C., Inc. regarding Casa Canaveral Assisted Living Facility. E)-V4- Approved by City Manager: David L. Greene Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Katherine W. Latorre, Esq. Assistant City Attorney of Cape Canaveral Brown, Garganese, Weiss & D'Agresta, P.A. 111 N. Orange Avenue, Suite 2000 Orlando, FL 32802 (407) 425 -9566 CASA CANAVERAL MODIFICATION TO BINDING DEVELOPER'S AGREEMENT THIS MODIFICATION TO ( "Modification ") is made by and between municipal corporation ( "City "), whose prin, Florida 32920, and PUERTO DEL RIO, ( "Owner "), whose principal address is 750 Florida 32931. BINDING DEVELOPER'S AGREEMENT the CITY OF CAPE CANAVERAL, a Florida cipal address is 105 Polk Avenue, Cape Canaveral, L.L.C., INC., a Florida limited liability company North Atlantic Avenue, Suite 1209, Cocoa Beach, WITNESSETH. WHEREAS, the City and Owner entered into a Binding Development Agreement on June 30, 2011, recorded in Brevard County Official Record Book 6418, Page 2633 ( "Agreement "), related to Owner's development of an assisted living facility on Owner's property ( "the ALF Property "); and WHEREAS, the City and Owner desire to modify the Agreement to memorialize Owner's obligation to formally revise the approved site plan for the ALF Property prior to the City's issuance of any building permits for the development; and WHEREAS, the City and Owner believe it to be in the best interests of both parties to enter into this Agreement to effectuate the modified development of the ALF Property, subject to the terms and conditions agreed to hereunder; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements set forth and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1.0 Re, c=. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. MODIFICATION TO BINDING DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 1 of 3 2.0 Revision to ALF Site Plan. Owner agrees that prior to the City's issuance of any building permits to develop the ALF Property that the ALF Site Plan, which was approved by the City Council on June 21, 2011, is required to be amended to remove eight (8) units from the northwest corner of the building and to add landscape islands to the parking areas consistent with the requirements of the City Code. Owner's application to revise the ALF Site Plan shall be submitted, reviewed and processed pursuant to the City's standard requirements and procedures established by the City Code. 3.0 Other provisions. Any provision of the Agreement not expressly modified by this Modification shall remain in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the dates indicated below. CITY: City of Cape Canaveral, a Florida municipal corporation. Bv. Rocky Randels, Mayor Date. ATTEST: By Angela Apperson, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only. CITY SEAL By: STATE OF FLORIDA COUNTY OF BREVARD Anthony A. Garganese, City Attorney for the City of Cape Canaveral, Florida The foregoing instrument was acknowledged before me this day of 2013, by Rocky Randels and Angela Apperson, well known to me to be the Mayor and City Clerk respectively, of the City of Cape Canaveral and acknowledged before me that they executed the foregoing instrument on behalf of the City of Cape Canaveral, as its true act and deed, and that they were duly authorized to do so. MODIFICATION TO BINDING DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 2 of 3 (NOTARY SEAL) Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires. OWNER. Puerto Del Rio, L.L.C., a Florida limited liability company. By: D Paul LLC, its managing member. Danny P. Ringdahl, Manager Date. The foregoing instrument was acknowledged before me this day of 2013, by Danny P. Ringdahl, as Manager of D Paul LLC, managing member of Puerto Del Rio, L.L.C., a Florida limited liability company. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.. My Commission Expires. MODIFICATION TO BINDING DEVELOPER'S AGREEMENT City of Cape Canaveral / Puerto Del Rio, L.L.C. Page 3 of 3 brga °m� City of Cape Canaveral City Council Agenda Form City Council Special Meeting Date: 09/17/2013 Item No. r Subject: Resolution No. 2013 -21; authorizing an Addendum to the Contract for Fire Protection and Emergency Medical Services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date. Summary: The City and the Cape Canaveral Volunteer Fire Department, Inc. (CCVFD) entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City, via Resolution 2007 -27, attached. The City Council annually considers /approves a resolution authorizing an Addendum to the original Contract which has a 10 year term that extends through September 30, 2017. On January 17, 2012 the City Council approved an Agreement for Deed with the Cape Canaveral Volunteer Fire Department, Inc., where CCVFD agreed to deed the fire station property to the City. The City agreed to construct a new fire station within three years and to extend the contract with CCVFD for 20 years from the date of the certificate of occupancy for the new building. Under the Addendum put forth, the parties agree as follows: 1. The Contract requires the City and CCVFD to re- negotiate the base Contract price each year after the first year. The parties have agreed to a revised base annual contract price for Fiscal Year 2013/14 year of $1,531,800 payable $127,650 monthly. The total cost for Fire /Rescue services for FY 2013/14 is $1,752,461. 2. Provide for the twenty year extension of the contract upon issuance of the certificate of occupancy for the new building. 3. Amend the language of Paragraph 18 to include 'To the Extent permitted by law and subject to the limitations set forth in Paragraph 22 of this Agreement," 4. Amend the language of Paragraph 21 to reference the correct section of the City Charter. 5. Amend the contract to cite the correct limits for sovereign immunity under Section 768.28, Florida Statutes. 6. Amend the contract to add language required by Florida Statute in relation to Public Records. 7. Amend the contract to add a new paragraph related to the need for a written lease for the new building. 8. Agree to keep Exhibit "A" to the Operating Equipment Lease Agreement updated. 9. Except as modified by this Addendum, the Contract shall remain in effect. Submitting Department Director: Angela M. Apperson Date: 9/10/2013 Attachments: Resolution 2007 -27 with attachments; Resolution No. 2013 -21 and addendum City Council Meeting Date: 09/17/2013 Item No. S Page 2 Financial Impact: As put forth in the City's 2013 -2014 Annual Budget and reflected in the 2013 -2014 Contract Addendum, the City agrees to pay Cape Canaveral Volunteer Fire Department, Inc. the base annual Contract price of $1,531,800. In monthly installments of $127,650. Reviewed by Finance Director: John DeLeo IQ Date: The City Manager recommends that City Council tak the following actions: Adopt Resolution No. 2013 -21. Approved by City Manager: David L. Greene (3 'il4- Date: ?//&)F/3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO, 200747 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR FIRE PROTECTION, EMERGENCY MEDICAL SERVICES, AND AN OPERATING EQUIPMENT LEASE BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Agreement to Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1. 2007 through September 30. 2008. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. The Mayor and City Clerk are authorized to execute an Operating Equipment Lease Agreement between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. for a (10) year term commencing on October 1.2007 until September 30, 2017. A copy of said Operating Equipment Lease Agreement is attached hereto and made part hereof by this reference as if fully set forth. i i City of Cape Canaveral, Florida Resolution No. 2007 -27 Page 2 SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 25th day of September, 2007. ATTEST: -t Cil Clerk to Form: Anthony A. Garganese, City Attorney Rocky Randels, Name Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts For Against X Motion Second X X �• .). IM 1% THIS AGREEMENT entered into this day of September, 20,Q.7., by and between the QTY OF CAPE CANAVERAL, Florida, (hereinafter called the City), and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non -profit Florida corporation, (hereinafter called the Corporation). YAITNESSETH: WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fine protection and emergency medical services, and WHEREAS, the electors of the City of Cape Canaveral bymajorityvote have directed the Mayor and City Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services; NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in fu therconsideration of the payments hereinafter set forth, the parties hereto agree as follows: City of Cape Canaveral, Florida. • • • • • • • • �� • • M0V1MP s 1 811go31 1 '� 11•" 1 • • • I providing for emergency fire protection services outside of the municipal boundaries of the City. 3. The Corporation agrees to respond to anyother emergency situation when ordered to do so bythe City lial �. • • •' • • • • •• • • �1 i • • • • • i • • • • • • • • • • ' I • • ' • i to the providing of the services referred to herein. 5. The Corporation agrees to require its members to attend training sessions in order to achieve and maintain the degree of proficiencyrequired bythe State of Florida for firefighters. The Corporation also agrees to undergo additional training as maybe required bythe atyat reasonable times and upon reasonable notice; special training shall be administrated by State Certified Fire Service Instructor. 'This expense will be in addition to the amount determined in Paragraph 12 of this Contract, providing the City approves the special training request in advance.. 1 0 These Rules 6. The Corporation agrees to establish Rules and Regulations for personnel and equipment. and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire protection service to the City. A copy of these rules and regulations are available for review by the City during normal working hours. 7a T • or • • • • 1 • maintain • • 1 • training ' • • • • allow 1 inspection • copying of such records by the City upon two working days notice to the Corporation. Page 1 of 5 8. The Corporation agrees to maintain at all times a minimum seven (7) firefighters per 24 hour shift. Trained firefighter shall mean possession of State Certification as Firefighters, or greater. The Corporation shall immediately notifythe City Manager, in writing, should said 24 hour shift fall below seven (7). 9. The Corporation shall provide the Citywith the level of service and all support services ' thereto as follows. (a) At all times there shall be seven (7) trained firefighters on duty to respond to calls. (b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall have one a 'minimum of two (2) Paramedics, and two (2) Emergency Medical Technicians on duty at all times. These personnel can also be the personnel required in paragraph 9(a). (c) The Fire Chief of CCVFD shall perform the duties as the Cites Fire Chief for all prevention, fire, and emergency medical services activity. (d) The Corporation shall provide the services of a Fire SafetyInspector. The Fire Safetylnspector shall perform those services on behalf of the City as are set forth in Florida State Statute 633, and the Cry Code of Ordinances. 10. The City shall provide fire fighting ' equipment to the Corporation which shall be used within the corporate limits of Cape Canaveral or in such other geographical area as determined bythe senior officer on duty. The Corporation shall have the authority over the day to day use of said equipment in canying out its duties under this Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation. Major repairs, defined herein as any repair exceeding five hundred dollars ($500.00) per occurrence, shall be the responsibility of the City. 11. All personnel used by the Corporation in the performance of this Agreement shall be members or employees of the Cape Canaveral Volunteer Fire Department, Inc. 12. The Corporation agrees to obtain Public Liability, Casualtyand PropertyDamage Insurance, insuring the Corporation and the City against any and all claims, demands, and causes of action for bodily injury or property damage relating to the performance of any dutyor obligation herein set forth, including acts or omissions of the Corporation's Paramedic and EmergencyMedical Technician personnel. The limits of said policies shall be in the amount of $1, 000, 000.00. The Corporation also agrees to provide Worker's Compensation coverage for the firefighters so long as they are acting within the scope of their duties; and fire, storm, and property damage insurance on the Fire Stations. The Corporation agrees to maintain the insurances required bylaw on its Defined Benefit Retirement Plan. The City shall pay the Corporation, in addition to the other sums payable under this contract, one -half (1/2) of the cost to the Corporation of the above described insurance. The Corporation will provide the City-with copies of the certificates of insurance indicating that the City *is an additional insured there Page 2 of 5 under. 13. The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,200,720. The compensation provided for herein shall be paid mondAyM the sum of $100,060 per month commencing on the fast day of October, 2007, and continuing on the first day of each month thereafter. The base contract price for each successive year of this Contract shall be renegotiated by the parties annually. The City agrees that in the event of a catastrophic event, additional funding shall be provided by the City for vehicles, equipment, personnel, and supplies, less any disaster relief funding provided by another agency. 14. The Cky agrees to make an annual payment of one half (1/2) of the total cost to the Corporation for the Volunteer Length of Service Award Program 15. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first day of October 2007, and ending on the thirtieth day of September, 2017. 16. This Agreement may be terminated, or any terms thereof modified, altered, or amended at anytime by mutual agreement of the parties hereto. 17. In the event either party defaults in the performance of any obligations under this Contract, and said default continues for a period of thirty (30) days after written notice of such default, this Contract maybe canceled at the option of the other party. No delay 'in enforcing any right hereunder shall be deemed a waiver of any rights the non defaulting party may have in these premises. 18. To the extent permitted bylaw and subject to the limitation set forth in Paragraph 22 of this Agreement, the atyand the Corporation each indemnifyand will hold the other whole and harmless from anyand all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and Corporation assumed the obligations of this agreement. 19. During the duration of this agreement, all disputes or disagreements between the parties relative to either party's performance under the terms of this agreement, will be presented specifically, in writing, by the party c the dispute. 'Thereafter, the responding partywill answer specific* in writing within thirty (30) days to the claimant. Within fifteen (15) days thereafter, the patties will be at a mutuallyagreeable time and place to either settle the dispute, or mutuallyagree to the facts and issues. Thereupon, if not settled, each partyshall submit the issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by the Court pursuant to Florida State Statute 682. 20. Notice or other writing required or permitted under this Agreement shall be given to the Corporation, Page 3 of 5 attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the City, attention City Manager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920. 21. This Agreement is subject to Article IV, section 4 of the City Charter and applicable provisions of the CityCode. Corporation agrees to fullycomplyw6 the CityCAde and anyamendments to Article IV, section 4 of the City Charter, or any other provision of the City Charter related to fire protection and emergency medical services, which are approved by a majority of the qualified electors of the City at a duly held referendum. If the qualified electors of the City, by referendum election, choose toeliminate the City Charter provision which requires the City to contract with the Corporation, or Article IV, section 4, is declared invalid by a court of law, the C'ityshall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation. If the City elects to terminate this Agreement, the City and Corporation shall have no further liability orobligation under this Agreement. In addition, should the City elect to create its own fire department upon termination of this Agreement, the City will give preference to the hiring of the paid employees of the Corporation, with the exception of the Fire Chief, provided said employees can satisfy the minimum hiring standards of the Citythat are in place at the time of hiring. Said preference will expire six months from the date that the City creates its own fire department. 22. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreemem shall be construed as a waiver of the City's right to sovereign unmuni ru tyunder section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the Catyshall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). This paragraph shall survive termination of this Agreement. Page 4 of 5 authorized of ficers, has executed this mismament this Zdw day of September 204. QTY OF CAPE CANAVERAL, FLORIDA A municipal corporation Bye Q© Rocky Randels, yor ATTEST: Susan Stills, City Clerk .(©ORPORATE SEAL) IN -WETNESS WHEREOF, the undersigned CAPE DEPARTMENT, INC., a non profit corporation, by its authorized officers, has executed this inst urnent this _ day of September 20_. AT"I EST: Brian Teek Secretar, (CORPORATE SEAL) CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENTjT1C., By Page 5of5 J• -- The QTY OF CAPE CANAVERAL (QTY) as Lessor, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC (QCVFD) as Lessee, enter *into this Operating Equipment Lease Agreement this Ay of September, 2007, and agree as follows. 10 The QTY leases the fire equipment and fire vehicles listed on attached Exhibit "A" to the CCVFD for the use of the OCVFD in performing its obligations under the fire service contract between the parties dated the day of September, 2007. 2. The parties hereto acknowledge that title to the fire equipment and fire vehicles is and shall 06011M'151111 M4F*W*"1=T8=1 3. The OCVFD will pay the QTY the sum of $1.00 for the term of the lease of said equipment. 4o The OCV11D agrees to keep the leased equipment in good repair and condition and further agrees to use said equipment only for the purposes set forth in the above referenced fire service contract. during the term of this lease in policy amounts acceptable to the QTY. 6. The term of this lease shall be from 1st day of October, 2007 until the 30th day of September, 2017, unless sooner terminated by the mutual agreement of the parties. In the event the fire service contract between the parties is terminated prior to the 30th day of September, 2017, this lease shall terminate simultaneously. IN WITNESS WHEREOF, we have set our names and seals on the date above written. LESSOR ATTEST: awl- 19 1111161419 •• ej W 093 0 L 46P •9 •± • . . , . . . . . As I 11, 1 By: The foregoing instnunent was acknovAedged before me this dayof A40mfkboe 2007 by not take an oath. C'1'1 LESSEE: t• • CAP DEP IM My C mmission expres: . (SEAL) - The foregoing instnunent was acknowledged before me this S4 dayof l:v�r,,,,�,� , 2007 by David J. Sargeant, on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC, who is personally known to me and who did not take an oath. NOTARY My commission expires: (SEAL) 2 NOTARY PUBLIC - STATE, Ok FLORIDA Heidi Strickland Commission # DD476536 Expires: OC E 22, 2009 Bonded Thm Atlantic Bonding Co., Inc. EXHIBIT "A" - CITY YEAR MAKE/MODEL 1991 International /Pierce Eng52 2005 Pierce Quantum Pumper SQ52 1997 Hacknee International Support52 2002 Pierce Quantum Ladder Trk52 2001 Pierce F550 MiniPumper S053 2004 Ford Ranger Pickup Fire Inspector 2005 Ford F250 Pickup F5 2003 Ford Crown Victoria F1 2001 Ford Expedition District53 2003 Dodge Intrepid 2007 Ford Expedition VIN# 1 HTSONZR5NH401331 4P1 CU01 S65AO05326 1 HTSDADNOVH409832 4P1 CT02562AO02116 1 FDAW57F21 EB19338 1FTZR45E44TA17915 1 FTSW205X5EB62453 2FAFP71 W83Xl l 9198 1 FMPU16LXl LA72488 2FAFP71 W6YX164342 1 FMFU16557LA42207 OWNERSHIP CITY CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT CITY /PORT RESOLUTION NO. 2013 -21 A RESOLUTION OF THE CITY OF CAPE COUNTY, FLORIDA; AUTHORIZING AN CONTRACT FOR FIRE PROTECTION AND SERVICES BETWEEN THE CITY OF CAPE CA THE CAPE CANAVERAL VOLUNTEER FI PROVIDING FOR AN EFFECTIVE DATE. CANAVERAL, BREVARD ADDENDUM TO THE EMERGENCY MEDICAL ►NAVERAL, FLORIDA AND RE DEPARTMENT, INC.; WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and WHEREAS, said Contract contains a ten (10) year term commencing on October 1, 2007, and provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract price for each contract year after the first contract year. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. to provide for a base contract price for the contract year October 1, 2013 through September 30, 2014. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTION PAGE FOLLOWS. City of Cape Canaveral, Florida Resolution No. 2013 -21 Page 2 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17�h day of September, 2013. ATTEST: Angela Apperson, MMC, Assistant City Manager /City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh For Against ADDENDUM CONTRACT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES THIS ADDENDUM is entered into this 1" day of October 2013, by and between the CITY OF CAPE CANAVERAL, FLORIDA, (hereinafter "City "), and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non - profit Florida corporation (hereinafter called the "Corporation "). WHEREAS, Corporation currently provides fire protection and emergency medical services to the City and its citizens pursuant to City Charter and that certain Contract for Services approved by the parties and memorialized in writing by City Resolution 2007 -27, as amended (hereinafter "Agreement "); and WHEREAS, the current term of the Agreement expires on September 30, 2017; and WHEREAS, the City is currently in the process of awarding a bid to construct a new fire station on real property that will be acquired from the Corporation in accordance with that certain Contract for Deed, dated January 17, 2012; and WHEREAS, at such time the new fire station is constructed and a certificate of occupancy issued by the City, the parties desire to extend the term of this Agreement for a period of time equal to twenty (20) years from the date that the certificate of occupancy is issued by the City; and WHEREAS, in accordance with past practices desire to establish a base contract price for City fiscal City's annual budget process; and under the Agreement, the parties also year 2013/2014 in accordance with the WHEREAS, when the Agreement was approved by the City Council in 2007, certain terms were recommended by the City Attorney and approved by the City Council, however, the parties cannot determine whether the terms were actually included into the final draft of the Agreement; and WHEREAS, the parties desire to amend the Agreement for purposes of adopting the base contract price for the City's fiscal year 2013 -2014, memorializing certain terms recommended by the City Attorney in 2007 and adopted by the City Council by reference when Resolution 2007 -27 was adopted, modifying the term of the Agreement when the new fire station is constructed, and complying with a recent change in law regarding public records; and NOW THEREFORE, in consideration of mutual promises, and other lawful consideration, which the parties hereby acknowledge is sufficient and received, the City and the Corporation agrees as follows: 1.0 The foregoing recitals are hereby deemed true and correct and are hereby fully incorporated herein by this reference. 2.0 Pursuant to Paragraph 13 of the Agreement, the base annual contract price for City fiscal year 2013/2014 shall be $1,531,800.00. The compensation provided herein shall be paid 1�Page monthly in the sum of $127,650.00 per month commencing on the first day of October 2013 and continuing on the first day of the month thereafter. The parties shall negotiate the base contract price for each successive year of the Agreement annually. 3.0 At such time the City issues a certificate of occupancy for the new fire station building to be constructed on the real property legally described below, Paragraph 15 of the Agreement shall immediately be deemed amended to read as follows: The term of this Agreement shall be for a period of time of twenty (20) years, commencing on the date that the City issues a certificate of occupancy for the new fire station building to be constructed and located on real property legally described as Lots 7, 8, 15 and 16 Block 25 AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. 4.0 Paragraph 18 of the Agreement is hereby amended to read as follows: To the extent permitted by law and subject to the limitations set forth in Paragraph 22 of this Agreement, the City and the Corporation each indemnify and will hold the other whole and harmless from any and all manner of action and actions, causes and causes of action, suits, trespasses, judgments, executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and Corporation assumed the obligation of this Agreement. 5.0 Paragraph 21 of the Agreement is hereby amended to read as follows: This Agreement is subject to Article IV, section 4.05 of the City Charter and applicable provisions of the City Code. Corporation agrees to fully comply with the City Code and any amendments to Article IV, section 4.05 of the City Charter, or any other provision of the City Charter related to fire protection and emergency medical services, which are approved by a majority of the qualified electors of the City at a duly held referendum. If the qualified electors of the City, by referendum election, choose to eliminate the City Charter provision which requires the City to contract with the Corporation, or Article IV, section 4.05, is declared invalid by a court of law, the City shall have the right to terminate this Agreement with thirty (30) days written notice to the Corporation, If the City elects to terminate this Agreement, the City and Corporation shall have no further liability or obligation under this Agreement. In addition, should the City elect to create its own fire department upon termination of this Agreement, the City will give preference to the hiring of the paid employees of the Corporation, with the exception of the Fire Chief, provided employees can satisfy the minimum hiring standards of the City that are in place at the time of hiring. Said preference will expire six months from the date that the City creates its own fire department. 6.0 The Agreement is hereby amended to add a new Paragraph 22 as follows: Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity 2 1 P a g e under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. 7.0 The Agreement is hereby amended to add a new Paragraph 23 as follows. In accordance with section 119.0701, Florida Statutes, Corporation agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Corporation agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Corporation also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Corporation shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Corporation shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Corporation upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Corporation does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Corporation fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Corporation's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Corporation prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Corporation. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Corporation's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 8.0 The Agreement is hereby amended to add a new Paragraph 24 as follows: During the Term of this Agreement, the Corporation shall lease from the City, the fire station located on the real property legally described as Lots 7, 8, 15 and 16 Block 25 AVON BY THE SEA, a subdivision according to the plat thereof recorded in Plat Book 3, page 7, Public Records of Brevard County, Florida. The lease shall be subject to this -3 1 Page Agreement and certain terms and executed by the parties. the written lease, the conflic apply. 900 The parties agree to September 25, 2007, updated set forth on Exhibit "A." and conditions of a written lease agreement that is approved To the extent of any conflict between this Agreement and ting terms and conditions more favorable to the City shall keep the Operating Equipment Lease Agreement, dated at all times including, but not limited to, the equipment list 10.0 The Agreement is hereby ratified and shall remain in full force and effect provided, however, the terms and conditions of the Agreement which are modified by this Addendum are repealed and superseded by the provisions set forth herein. On a periodic basis the parties agree to cooperate and meet to discuss updates and revisions. 11.0 The undersigned signatories hereby represent for their respective entities that they are duly authorized to execute this Addendum on behalf of their respective entity. Further, upon execution of this Addendum, the Addendum shall be deemed a binding obligation on their respective entity on whose behalf they have executed the Addendum. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: City of Cape Canaveral Rocky Randels, Mayor Date. ATTEST. Angela Apperson, City Clerk CORPORATION: Cape Canaveral Volunteer Fire Department, Inc David Sargeant, Fire Chief /CEO Date. APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY. Anthony A. Garganese, City Attorney 4 Page City of Cape Canaveral aE, City Council Agenda Form City Council Meeting Date: 09/1712013 Item No. _6 Subject: Resolution No. 2013 -22; authorizing an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. Department: Legislative Summary: Wayne Ivey, elected November 2012, replaced J.R. "Jack" Parker as Brevard County Sheriff. The current Agreement for Municipal Law Enforcement Services with the Brevard County Sheriffs Office commenced on October 1, 2011 and remains in effect through September 30, 2013. The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, hereinafter referred to as "Sheriff' or "BCSO ", shall enter into an Agreement for BCSO to provide Municipal Law Enforcement Services. This Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the Agreement price each year for the term of the Agreement. Article 1 — Definitions for the Agreement. Article 2 — The Level of Law Enforcement Service, which is 24 -hour law enforcement service with a minimum of two deputies on patrol. It also establishes the staffing levels for the Agreement. Article 3 — Identifies Ancillary Services available such as, but not limited to, county -wide Selective Enforcement Unit; Aviation Unit; Prisoner and Detention Center Services; Homicide /Major Crimes Unit; K -9 Services; Crime Scene Unit; Watercraft/Boats and Dive Team. Article 4 — Capital Equipment purchases are the BCSO's responsibility. Vehicles previously purchased by the City will be returned to the City when they are replaced or the Agreement is terminated. The City agrees to provide facilities for use by BCSO. Article 5 — All persons employed to perform the services, functions and responsibilities of the Agreement are employees of BCSO. The City is not liable for payment of salaries, wages, contributions to pension funds, insurance, workers' compensation, etc. Article 6 — The Sheriff has full and complete responsibility for the control of the standards of performance, discipline of personnel and other matters related to the services, duties and responsibilities of the Agreement. The City Manager has the right to request transfer of personnel who, by mutual agreement, fail to perform in a manner consistent with standards of the Agreement. Article 7 — Sets the compensation the City will pay BCSO. Provides for FY 13/14 the City will pay $2,531,345. This represents the total Contract price of $2,655,345 minus $124,000 credit for services provided to Avon -by -the Sea. Monthly payments of $210,945.42 will be made to BCSO. Article 8 — Patrol units must be prominently marked with the name "Cape Canaveral ". Article 9 — This Article deals with natural disasters, emergency operations and funding for same. Article 10 — Establishes that the City is responsible for application; administration and Special City Council Meeting 09/17/2013 Item No. Page 2 of 2 disposition of grants. Article 11 — This Article sets forth insurance requirements /responsibilities of the parties. Article 12 — Provides for distribution of Forfeiture Funds collected from operations originating by personnel assigned to the Precinct; and when personnel assigned to the Precinct participate in operations outside of the City. Article 13 — This Article sets forth how Police Education Income Funds will be distributed for continuing professional education of personnel assigned to the Precinct. Articles 14 through 22 — These Articles cover standard Contract provisions including, but not limited to, Hold Harmless Clause; Disputes and Disagreements; Notice; Term of Agreement; Modification; Termination; Legality of Agreement; Totality of Agreement; and Public Records. Submitting Department Director: Angela M. Apperson P� Date: 09/09/2013 Attachments: Resolution No. 2013 -22 and BCSO Agreement Financial Impact: As reflected in the City's 2013 -2014 Proposed Annual Budget and reflected in the 2013 -2015 Agreement, the compensation to be paid by the City to BCSO shall be $2,655,345 less $124,000 credit for Avon -By- The -Sea for a net pay cost of $2,531,345 for FY 2013 -2014. Reviewed by Finance Director: John DeLeo IJ- Date: q -P �-J� The City Manager recommends that City Council to the following action(s): Adopt Resolution No. 2013 -22. Approved by City Manager: David L. Greene Date: I ^v City Council Action: [ ] Approved as Recommended [ ] Disapproved Approved with Modifications Tabled to Time Certain RESOLUTION NO. 2013-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR, INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. NOW, THEREFORE, be it resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: SECTION 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. SECTION 2. Agreement for Municipal Law Enforcement Services. The Mayor and City Clerk are authorized to execute an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2013 through September 30, 2015. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council are hereby expressly repealed to the extent of the conflict. City of Cape Canaveral Resolution No. 2013 -22 Page 1 of 2 SECTION 4. Severability. If any section, clause, phrase, word, or provision 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 5. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 17'' day of September, 2013. ATTEST. Angela Apperson, MMC, Assistant City Manager /City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Rocky Randels, Mayor Name John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh For Against CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT FY 2013/2014 — FY 2014/2015 This Agreement made and entered into this day of . 2013 by and between the City of Cape Canaveral, a municipality, chartered in the State of Florida, by and through its elected City Council, hereinafter referred to as the "CITY ", and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, a county constitutional officer and a county charter officer, hereinafter referred to as the "SHERIFF" or "BCSO ". WITNESSETH WHEREAS, the CITY is located within Brevard County, Florida; and WHEREAS, the CITY is desirous to contract its law enforcement services to the SHERIFF; and WHEREAS, BCSO is authorized by law to exercise its authority throughout Brevard County, including within the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE I, DEFINII The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement: 1. Administrative Assistant: A non -sworn exempt employee of the SHERIFF whose primary duties are of an administrative role and management of the administrative functions of the Commanding Officer. 2. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services, discipline of the City of Cape Canaveral Page 1 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. 3. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF for service to the CITY in a future fiscal year, i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. 4. Deputy or Deputy Sheriff: A sworn law enforcement officer employed by the SHERIFF. The primary duties of this position are responding to emergencies, crimes, public service, accident investigation and pro- active patrol of a designated geographical area. 5. Effective Date: October 1, 20139 6. Fiscal Year: A period of time beginning on October 1St of the designated year and ending September 30th of the following year. 7. General Crimes Agent: A sworn law enforcement officer employed by the SHERIFF whose primary duties include investigation of felony crimes, such as Burglary, Grand Theft, Robbery, Aggravated Assault, Aggravated Battery, Forgery, Fraud and other crimes designated by the Commanding Officer, Canaveral Precinct. 8. K =9 Unit: A sworn law enforcement officer employed by the SHERIFF teamed with a trained K -9. Primary duties include routine active patrol, tracking and apprehension of suspects, search of buildings or grounds and detection of narcotics. City of Cape Canaveral Page 2 of 18 Law Enforcement Contract Fiscal Year 2012-2013 and 2013 -2014 9. Lieutenant: A sworn law enforcement officer of managerial rank employed by the SHERIFF. This position is responsible for the administration of precinct operations, facilitation of continuing training of precinct personnel, coordination of emergency and tactical operations and may serve as acting commander in the absence of the Commanding Officer. 10. Office Assistant/Desk Clerk: A non -sworn employee of the SHERIFF, whose primary duties include routine office tasks, greeting the public in person and on the telephone, and initiating case reports. 11. Patrol: The actual patrolling of the jurisdictional area of the CITY by the SHERIFF through his deputies, and attending to an observed or reported incident or availability to provide law enforcement services. 12. Public Service Aide: A non -sworn employee of the SHERIFF whose primary duties are to augment road Deputies by handling non - emergency and non -in- progress calls. 13. School Resource Officer: a sworn law enforcement officer employed by the SHERIFF. This program is designed to foster the development of positive attitudes by the youth toward the law and law enforcement officers in the school environment. Duties include crime prevention, counseling and teaching gang resistance and substance abuse prevention. 14. Sergeant: A sworn law enforcement officer of supervisory rank, whose primary duties include the direct supervision of a shift of deputies or specialty unit, generally assigned to a particular shift. This position is also City of Cape Canaveral Page 3 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 =2014 responsible for the same duties as listed for a Deputy Sheriff in Paragraph 1.4 of this Agreement. 15. Service: Comprehensive professional law enforcement and protection on a twenty -four (24) hour per day basis, except hereinafter stated, including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro- active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents. 16. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee) based on operational needs. 17. Special Investigations Agent: a sworn law enforcement officer whose primary duties are the investigation of crimes related to narcotics, controlled substances, prostitution and gambling. 18. Special Operations Officer: A sworn law enforcement officer whose primary duties consist of crime prevention, special community projects, directed patrol, supervision and administration of the Citizen Observer Program and problem solving within the community. 19. State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. 20. Traffic Enforcement Deputy: a sworn law enforcement officer employed by the SHERIFF. Primary duties consist of traffic enforcement, accident investigation, directed patrol and special community projects. City of Cape Canaveral Page 4 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 As a nationally accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with accreditation standards as outlined in BCSO General Order 200.01. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. The SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a municipal police department, to the extent and in the manner hereinafter described: 1. Provide 24 -hour law enforcement services to the CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of the CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. Service shall include reactive patrol to enforce State laws and, to the extent allowable by law, City Ordinances of the CITY, proactive patrol to prevent and deter criminal activity and traffic patrol to enforce traffic laws and prevent traffic crashes. 36 A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his /her designee. City of Cape Canaveral Page 5 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: 1 Major 1 Lieutenant 5 Sergeants 16 Deputies 2 General Crimes Agents 1 School Resource Officer (SRO) at Cape View Elementary 1 Traffic Enforcement Deputy 1 Special Investigations Agent (shared position with BCSO) 1 Administrative Assistant 2 Public Service Aides 2 Office Assistants /Desk Officers 5. BCSO shall make all good faith efforts to provide full staffing for all contracted personnel listed within this contract on the Effective Date. 6. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. ARTIC SERVICES In addition to those services and responsibilities hereinabove described, BCSO shall provide the CITY, with the following expertise, services and facilities as the same might be required from time to time on an availability /priority basis as determined by the SHERIFF. 1. Countywide Selective Enforcement Unit; 2. Aviation Unit; 3. Prisoner and Detention Center Services; 4. Homicide /Major Crimes Unit; 5. K -9 Services; City of Cape Canaveral Page 6 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 6. Crime Scene Unit; 7. Watercraft/Boats and BCSO Dive Team; 8. BCSO attendance of meetings of the CITY, when requested; 9. Any Other Unit or specialty service developed by BCSO during the term of this Agreement. ANCE OF ABILITY All Capital Equipment purchased by the SHERIFF for use in the performance of this Agreement shall remain in the exclusive control of the SHERIFF. Ownership of such equipment shall remain with the SHERIFF at all times. Ownership of vehicles purchased prior to the execution of this Agreement shall remain with the CITY. Upon termination of this Agreement or the surplus of any vehicle purchased with CITY funds, the vehicle or proceeds from the surplus of a vehicle shall be returned to the CITY. Ownership of all other equipment, regardless of acquisition date for funding used to acquire it, shall remain with BCSO. The CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities provided by the CITY for use by the SHERIFF, the CITY hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial services and, pay all charges for utilities and other services required for the operation of the facilities. The facilities shall be used for the sole purpose of providing the services as defined in this Agreement. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V. EMPLOYMENT RESPONSIBILITY All Deputy Sheriffs, supervisors and other persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of the CITY for the purpose of City of Cape Canaveral Page 7 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, the CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, workers' compensation funds, vacation or compensatory time, sick leave benefits or any other amenities of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of the CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, the CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. )YMENT: RIGHT OF CONTROL The SHERIFF shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 1. The CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who, by mutual agreement of the City Manager and the Sheriff, fails to perform in a manner consistent with standards contemplated herein. 2. The CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his /her duties under this Agreement shall rest with the SHERIFF; provided, however, BCSO agrees that it will cooperate with the CITY so as to concentrate its efforts in particular areas City of Cape Canaveral Page 8 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his /her designee. I. CONSIDERAT 1. The compensation to be paid by the CITY to BCSO for Fiscal Year 2013 — 2014 shall be the sum of Two Million Six Hundred Fifty -five Thousand, Three Hundred Forty Five Dollars ($2,655,345), to be calculated as follows: Fee amount for services of $2,655,345 less credit for Avon -by- The -Sea of $124,000 for a total of $2,531,345. 2. Payments shall be made to BCSO by the CITY in twelve equal monthly installments of $210,945.42 payable on or before the first day of each month. 3. The Consideration Clause of this Agreement shall be negotiated annually through the budgetary process between the CITY and the SHERIFF. 4. Written agreement as to the compensation paid by the CITY to BCSO for each subsequent year shall be in force by October 1St of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after the CITY approves a budget. 5. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to the SHERIFF, and if necessary, amendment to the fee then in effect. 6. Should the CITY desire that the SHERIFF provide services at a higher level than contemplated herein, the CITY, through its City Manager, may negotiate with the SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. City of Cape Canaveral Page 9 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 7. Cost of Investigation funds received by BCSO shall be remitted to the CITY on a quarterly basis. ARTICLE VIII. SPECIAL EQUIPMENT: PR BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral ", prominently displayed on Patrol Units. ARTICLE IX. NATURAL DISASTERS AND EMERGENCY OPERATIONS 1. Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between the CITY and the SHERIFF, the CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of the CITY. 2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of the CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO General Order 300.08. (a) When an emergency condition has been declared by the SHERIFF, and employees in all precincts /offices performing non- essential functions on a county -wide basis are granted paid administrative leave by the SHERIFF to return home, those employees of the SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis) in which non - essential employees of the SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: City of Cape Canaveral Page 10 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 (1) Employees of the SHERIFF shall be paid at time and one -half for all hours worked during the declared emergency conditions. (2) Upon approval from the SHERIFF, Commanders, Majors, Directors and Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. (3) Temporary employees of the SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one -half for working the emergency event. (b) Employees of the SHERIFF who are required to work during the recovery effort period, as established by the SHERIFF shall be paid time and one half for all hours worked during the recovery effort period. (c) Employees of the SHERIFF who are on a pre- approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X. GRANTS The SHERIFF or his designee may inform the City Manager or his /her designee, of any grants brought to his /her attention that would be beneficial to law enforcement operations at Cape Canaveral. The CITY shall be responsible for the application, administration and disposition of any and all such grants. City of Cape Canaveral Page 11 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 LE XI. INSURANCE The SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. The SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. 1. The SHERIFF may elect to join with a recognized self - insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by the CITY. 2. The CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by the CITY to the SHERIFF and shall name the SHERIFF as an additional insured, at no cost to the SHERIFF. 3. The CITY assumes all risk of loss not covered by insurance. ARTICLE XII. FORFEITURE FUNDS 1. The SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected from operations originating by Deputy Sheriffs assigned to and within the jurisdictional area of the CITY pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within the CITY. 2. Proceeds, including monies, collected by the SHERIFF in accordance with the provisions of Paragraph 12.1 of this Agreement shall be distributed as follows: (a) Proceeds of not more than $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of City of Cape Canaveral Page 12 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 the CITY, upon forfeiture, will be awarded to the CITY, less the attorney fees and other direct costs of the forfeiture proceeding. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Florida Statute 932.7055, within the CITY. (b) Proceeds exceeding $50,000 in value seized pursuant to BCSO law enforcement operations within the jurisdictional area of the CITY shall be disbursed, less attorney fees and other direct costs of the forfeiture proceeding, as follows: (1) Upon forfeiture, the first $50,000 of proceeds as to value shall be awarded to the CITY; and, (2) Proceeds in excess of $50,000 of value shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County who are assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within the CITY. (c) Proceeds exceeding $10,000 in value seized pursuant to BCSO law enforcement operations outside the jurisdictional area of the CITY with the participation of Deputy Sheriffs assigned to the CITY shall be distributed pro rata in relationship to the percentage of the assigned Deputy Sheriffs from Canaveral Precinct to the number of Deputy Sheriffs funded by Brevard County assigned to the operation. Such proceeds awarded to the CITY shall be utilized for law enforcement services, as specified by Section 932.7055, Florida Statutes, within the CITY. 30 If property other than cash or currency is seized in contraband forfeiture cases within the jurisdictional area of the CITY, the CITY shall advance all legal costs related to the forfeiture. Should the CITY refuse to advance such costs, the SHERIFF may elect to fund the legal costs of the City of Cape Canaveral Page 13 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 forfeiture proceeding whereupon the property or any proceeds from the sale of such property shall be the sole property of the SHERIFF. 4. The SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by the SHERIFF will be made to the CITY by BCSO on a quarterly basis. 5. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of the SHERIFF. ARTICLE XIII, TRAINING The CITY upon request of the SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to the SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct. The CITY and the SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees, officers or agents of the other, whether occurring before or after the CITY and the SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. ARTICLE XV. DISPUT REEMENTS During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement will be presented specifically, in writing, by the party- claiming City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 Page 14 of 18 dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty -five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. ARTICLE XVI. NOTICE Notices, claims and any other matter requiring written communication to a party shall be given as follows: To The SHERIFF: Brevard County Sheriffs Office Attn: Wayne Ivey, Sheriff 700 Park Avenue Titusville, Florida 32780 To The CITY: City of Cape Canaveral Attn: City Manager 105 Polk Avenue Cape Canaveral, Florida 32920 EMENT This Agreement contains a two (2) year term commencing on October 1, 2013 and ending September 30, 2015, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. :LE XVIII. MODIFICATION. This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. TICLE XIX. TERMINAT Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. City of Cape Canaveral Law Enforcement Contract Fiscal Year 2012 -2013 and 2013-2014 Written notice for the termination Page 15 of 18 of this Agreement shall be given not less than 180 days prior to the requested termination date. 1. Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 2. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination. Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. :LE XXI. TOTALITY OF AGREEMENT This Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between the City and Sheriff as to the subject matter hereof. ARTICLE XXII. PUBLIC RECORDS. In accordance with section 119.0701, Florida Statutes, Sheriff agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Sheriff agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Sheriff also agrees to City of Cape Canaveral Page 16 of 18 Law Enforcement Contract Fiscal Year 2012 =2013 and 2013-2014 provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. Sheriff shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Sheriff shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Sheriff upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, except to the extent that Sheriff as a Florida county constitutional officer is required to retain and maintain any and all such public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Sheriff does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Sheriff fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and /or damages for violating the provisions of Chapter 119, Florida Statutes due to Sheriffs failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Sheriff prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Sheriff. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Sheriffs failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. THE NEXT PAGE IS PAGE 18, THE SIGNATURE PAGE. City of Cape Canaveral Page 17 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: Approved as to form and content: SHERIFF OF BREVARD COUNTY, FLORIDA Wayne Ivey, Sheriff Charles Ian Nash, General Counsel for Sheriff Wayne Ivey Date: ATTEST: Approved as to form and content: MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor Anthony A. Garganese, City Attorney City of Cape Canaveral Date: City of Cape Canaveral Page 18 of 18 Law Enforcement Contract Fiscal Year 2012 -2013 and 2013 -2014 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/1712013 Item No. Subject: Resolution No. 2013 -18; a Joint Resolution of the City Council of the City of Cape Canaveral, Florida, and the Cape Canaveral Community Redevelopment Agency ( "Agency "); providing for the approval of an Interlocal Agreement authorizing a loan from the City to the Cape Canaveral Community Redevelopment Agency, in an amount not to exceed $100,000.00, for purposes of initially funding the Cape Canaveral Community Redevelopment Agency so it can commence redevelopment activities within the Redevelopment Area and reimburse the City for certain start-up expenses incurred by the City to establish and create the Agency; providing for the incorporation of the terms and conditions of the Interlocal Agreement into the Redevelopment Plan of the Cape Canaveral Community Redevelopment Agency; providing for the repeal of prior inconsistent resolutions, no conflicts; severability, and an effective date. Department: Community and Economic Development Summary: Joint Resolution No. 2013 -18 authorizes a $100,000.00 /10 -yr. CRA loan. The document includes an interlocal agreement, agency note and an amortization schedule. The purpose of the loan is to: 1. Initially fund the CRA so it can commence redevelopment activities, and 2. Reimburse start-up expenses incurred by the City. They include, but are not limited to: Cost of contract with Kimley -Horn and Assoc. for the Finding of Necessity, Cost of contract with Kimley -Horn and Assoc. for the Community Redevelopment Plan /CRA Programs Development, City Attorney Fees, the cost of the loan itself and miscellaneous expenses such as advertising, survey /boundary work and the like, with the first payment due on October 31, 2014 and the final payment due on October 31, 2023. Upon approval, the loan will commence at the start of the next fiscal year, October 1, 2013. The documents are set up to constitute an amendment to the CRA Plan. This is to ensure there is no question that this loan obligation is authorized by the Redevelopment Plan and, therefore, consistent with the Community Redevelopment Act. This requires the City to notice the resolution and interlocal agreement as a plan amendment to the current Redevelopment Plan. The Community Redevelopment Agency recommended approval of this item prior to the City Council meeting on 9/17/13. Submitting Director: Todd Morley Date: 09/10/2013 Attachments: 1) Joint Resolution No. 2013 -18, adopting the following: a) Interlocal Agreement. b) Initial Funding Agency Note "Attachment "A ". c) Loan Amortization Schedule. 2) Invoices for services related to the creation of the Cape Canaveral CRA, from the following: (a) Kimley -Horn and Associates Inc. (Consultant Services). City Council Meeting Date: 09/17/2013 Item No. % Page 2 of 2 (b) City Attorney's Office (legal). (c) FL Today (advertising). (d) Allen Engineering (survey work/boundary description) Financial Impact: $100,000.00 loan to initially fund the CRA from the General Fund. The City will be reimbursed by the Agency in annual equal installments amortized on a 10 year term. The first installment shall be due the City on October 31, 2014 and subsequent installments shall be due each year thereafter on October 31St until the note is paid in full. The annual interest rate will be set rOff time and effort to prepare this Agenda item. Reviewed by Finance Director: John DeLeo Date: The City Manager recommends that the City Co it take the following action(s): Approve Joint Resolution No. 2013 -18 as recomme n d by the CRA Board. Approved by City Manager: David L. Greene Date: o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications Tabled to Time Certain Attachment 1 JOINT RESOLUTION NO, 201348 A JOINT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AND THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY ( "AGENCY")* PROVIDING FOR THE APPROVAL OF AN INTERLOCAL AGREEMENT AUTHORIZING A LOAN FROM THE CITY TQ THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY, IN AN AMOUNT NOT TO EXCEED $100,0000009 FOR PURPOSES OF INITIALLY FUNDING THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY SO IT CAN COMMENCE REDEVELOPMENT ACTIVITIES WITHIN THE REDEVELOPMENT AREA AND REIMBURSE THE CITY FOR CERTAIN START -UP EXPENSES INCURRED BY THE CITY TO ESTABLISH AND CREA'T'E THE AGENCY; PROVIDING FOR THE INCORPORATION OF THE TERMS AND CONDITIONS OF THE INTERLOCAL AGREEMENT INTO THE REDEVELOPMENT PLAN OF THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, NO CONFLICTS; SEVERA BILIx`Y, AND AN EFFECTI'V'E DATE. W11EREAS, in 2012 the City created the Agency pursuant to Resolution 2012 -16; and WHEREAS, the Agency has not received any tax increment financing because it was recently created and is uncertain as to how much, if any, tax increment financing it will receive in fiscal year 2013/2014; and WHEREAS, the Agency is in need of initial funding so it may commence operations as a community redevelopment agency and begin implementing the Agency's Redevelopment plan; and WHEREAS, the City desires to lend initial funding to the Agency for purposes of allowing the Agency to commence redevelopment activities in furtherance of the Agency's Redevelopment Plan; and WHEREAS, the Agency also desires to reimburse the City for certain start -up expenses that were incurred to establish the Agency including, but not limited to planning, engineering and legal fees; and WHEREAS, the Florida Attorney General has previously opined that such loans between a city and redevelopment agency complies with Florida law. See Op. Fla, Att'y Gen. 2001 -30; and City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency Joint Resolution No. 2013 -1$ Page ] of 4 WHEREAS5 it is necessary and proper for Agency to borrow ill /' to commence redevelopment 1 1 :s Within the ' Redevelopment and to reimburse, the City 1 startmup expenses incuff f to create the Agency, 1 WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue notes secured by increment revenues deposited in its Redevelopment Trust Fund, and by any other available funding received by the Agency, to repay the City any funds loaned by the City to the Agency under this Agreement; and WHEREAS, the City and Agency are desirous of entering into an interlocal agreement to provide for the loan of funds to the Agency by the City and for the repayment thereof from increment revenues deposited into the Redevelopment Trust Fund, and by any other available funding received by the Agency, or the proceeds of bonds that may be issued by the Agency in the future; and WHEREAS, the City and the Agency hereby deem the terms and conditions of the attached Interlocal Agreement to be consistent with the Agency's Redevelopment Plan and hereby fully incorporated into the Agency's Redevelopment Plan in accordance with Section 163.361, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, and the governing board of the Cape Canaveral Community Redevelopment Agency, hereby find this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral and Agency's redevelopment area. NOW, THEREFORE, BE IT JOINTLY RESOLVED BY THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AND THE CAPE CANAVERAL COMMUNITY REDEVELOPM ENT AGENCY, AS F'OLLO'WS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as findings of the City Council of Cape Canaveral and the governing board of the Agency. Section 26 Adoption of Interlocal Agireement. The Interlocal Agreement attached hereto as A.TTACEMENT "1" is hereby approved by the City and the Agency and shall be deemed fully incorporated into this Joint Resolution by this reference C'Interlocal Agreement"). Section 3. Incorporation into the Agency's Redevelopment Plan. The Interlocal Agreement shall hereby be deemed fully incorporated into the Agency's Redevelopment plan and shall be implemented pursuant to the terms and conditions of the Interlocal Agreement and the Community Redevelopment Act of 1969. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council and Agency are hereby repealed. City of Cape Canaveral and Cape Oanaveral Community Redevelopment Agency Joint Resolution No. 20134 8 Page 2 of 4 Section 5. Severability. If any section, clause, phrase, word, or provision 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. No Conflict. The City and Agency hereby declare that this Resolution is mutually beneficial to each party's objectives and does not present a conflict of interest between the City and the Agency. Section 7. Effective Date. This resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida and the Cape Canaveral Community Redevelopment Agency. This Resolution shall not be effective or binding until approved by both the Agency and the City. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2013. ATTEST: Angela A.pperson, City Clerk Rocky Randels, Mayor 12 John Bond Y Buzz Petsos Rocky Randels FOR AGAINST City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency Joint Resolution No. 201348 Page 3 of 4 ADOPTED at a Meeting of the governing 1•: 1 of the Cape Canaveral Community Redevelopment Agency, 11 1 1 this ! day of September, • I ' I 1 I ' F 11 ATTEST: Angela Apperson, Recording Secretary Name John Bond f 1 1 • �i MMO Rocky Randels Betty Walsh Approved as to form and legal sufficiency for the City and Agency only: Anthony A. Garganese, City and Agency Attorney FOR AGAINST City of Cape Canaveral and Cape Canaveral Community Redevelopment Agency Joint Resolution No. 201348 Page 4 of 4 ATTACHMENT I return Prepared by and Anthorry Gargenese, Aftomey 1. f Office Box {407) 425 -8566 %, 6 MM il M Q I OWN 1 1> 1 t 1IR41011VIAVA ' 11 ' This Agreement entered into this 1ST day of October, 2013, by and between the CITY OF CAFE CANAVERAL, FLORIDA, a municipal corporation of the State of Florida ( "City"), politic 11 corporate M 1 / 1 i 1 �R Chapter 1 on t; Statutes Ill 1 : •W Canaveral Resolution No. 201246 ( "Agencyx). WITNESSETH: WMAREAS, in 2012 the City created the Agency pursuant to Resolution 2012461m and Wi 1 the Agency has not : • any *increment fmanemig because it ' recently created and is uncertain as to how much, if any, tax 'increment fmancing it will receive in fiscal year 201312014; and t • t 1 1 1 1 ,� • 11 • 1 1 t 1 1 ; t• 1 cornmunity redevelopment agency and begin binplementing the Agency's Redevelopment :1 ;(1 1 ;1W 1 1 1WWI . • t I I! ' Loan J '..111 1 • • of WHEREAS, the Agency also desires to reimburse the City for certain start -up expenses 1 :. 1 • 1 /• III 1• Of / 1 • . I 1 t' t 'J i 1' 1 rd I • : 167 .1 t WHEREAS, the City desires to contribute initial funding to the Agency for purposes of allowing ' Agency 1 commence redevelopment r Rutherance I the ! , Redevelopment '/ and to allow the Agency to rcimburse the f expenses over loan i� 7011111 ILI I • / • • /1 1 • tt• • / fl llal redevelopment activities within the Agency's Redevelopment Area and to reimburse the City the startmup expenses incurred to create the • I an? WHEREAS, the Agency is willing and prepared to issue its redevelopment revenue notes secured by increment revenues deposited in its Redevelopment Trust Fund, and by any other available funding received by the Agency, to repay the City any Funds loaned by the City 1 the Agency this Agreement and to reimburse the for the startorup 1'I and � '� � 1 : 11 ' •' ( 1' 1 f t • 1 1 1 1 :I 1 : :�l =- rl 1 to provide for the loan of fimds to the Agency by the 1 1 for 1 e repayment thereof from increment 1 h deposited 1 t the Redevelopment Trust Fund, and by any other available 1 1 f• received by (Agency, • proceeds of bonds 1 1 1= may be issued by the Agency 1 t• LTI 1 1 W1 I 1 by entering into this Agreement, ` ,• 1 intent to 1 1'+ available 111 ' received by fAgency 1 repay 1 1.It granted by the 11 the startIIIIIup Ilk '' 1 • Funding IA= Agirftmnt Page 2 of 17;6i 1 ' :;Z 111 1 F7Z I/ ii ii ' / 1 1 R I 1 1 .11 v 14 Pk, 1 L I ti 3 1 1: . +1 / 91 imfl 111271 ol TIME 1 11 R l: t: 1 • paid in full; and WHEREAS, the City is willing to loan funds to the Agency for public and :rl 1 1 11 r 1 1/ t %n 1 :!r 1 1 :1 1 1• G "' 11 I I t } t r 1 !1 r • r• • 1: :1 f .1 Illl:dl t 11 :+ 11 .1 1 1 1 I t' 11 ' :1 1II I , 1 1/ : I t 1 t" funding sources, to repay the City any funds loaned by the City to the Agency for the ` !1 7 1 1 :II 1 Q[01'a*A IN r' MI-11F7111TWUMMTO Me herein, the parties hereto agree as follows: ' • :�1 :1 1 1 • M{ • : 1 1• 1 1 1 �J �- [I 1 : I :' :{ 1• 1 1 1 1 1 auffiorifty of Section 163.01, Flon'da Statutes, and Pmt TEL Chapter 163, Flon'da. StatuI particularly including Section 163.400, Florida Statutes. SECTION 2. 1A M)DA"JUD(Ma I MW :• /.11 1 ' 1 1 t t 1 1 1 1t •• t X 1 1 • I t s 1 t 1 �' - SECTION 3. DEFINITIONS. it 1 this Agreement, 1' foll i owing 11 shall 1% 1 1 F' 11 % 1 1 ! 1: • t :u ►' =177: • uu+ tli • re ' 1 t It �1 ::t ' 1 t Funding Loan Agre=cnt Page 3 of means :: ! the 1 • t by the governing 1 1• of the Agency and the City • ii :-: R 1 • 1 ! 1 1 • : 111 • A 1 ' t I :f • �' It R • 1 163.01, Florida Statutes, as amended, Part III, Chapter 163, Florida Statutes, and other applicable provisions of law. "Agency" means 1 t' Canaverd Community Redevelopment Agency Flori&% and any successor thereto. "Agency Bonds" means the bonds 1 be .t by the Agency ' ! 1 may be adopted I the • • 1• 1 1' •t of the Agency, and authorized an � approved by the City Council pursuant to Section 163.358(3) and 163.385(1), Florida Statutes, to repay the Agency Notes. (4) "Agency Notes' or "Notes" means, collectively, the Agency's one or more Redevelopment • :: dated date o delivery ! • issued 1 t onginal principal am unt of up to One Hundred lbousand and NO/100 Dollars ($100,000.00) for •' 1 1 1 1 1 Activities pwmant to the Redevelopment Plan f1 1 ' I'I r^. or I lesser amount as may haw been advanced by the City to the Agency as provided in this Agreement, and SUCh i t t • 1 may • - outstanding t • /1 time • time, • 1 purpose of • 1 1 I • Am& to the Agency to pay cosm incurred by the Agency 'in connection with Redevelopment Activities and Startup Expenses. • :u : :. :et : a • li It . . • - • t ' t ;uTWA CRA hut , Funding Loan !t .meu Pap 4 of (5) "Aree or "Redevelopment Area7 means the Agency's junisdictional ar��r of operation which is legally described and set forth in City Resolution 2012 -16, r ' rl at 1 • 1 (6) "City" means the City of Cape Canaveral, Florida, a Florida municipal corporation. (7) "City Council" means the elected governing body of the City. (8) aFiscal Year" means the period commencing on October 1 of each year erni Bodyp means the governing board of the Agency, or any successor board, commission or council thereto. (10)I "Holder," 'Note Holder," "Registered Holder," or "Registered Owner" means the !J :.a owner or owners (or its or their I 1 e. representative) • any of the Notes. (11) aIncrement Revenues" means any monies deposited in the Redevelopment Trust Fund pursuant to Section 163.387, Florida Statutes, plus any investment :1. r! I_ ! -1.0, (12) "Investment Obligations" means any obligations in which surplus funds of local ! of government may be r. • under the Investment of Local Government t! lus Funds Act, Part IV, Chapter : Florida Statutes, .I•• Eaa ♦ • L :rl r +1 ♦ I I I ( I I ' - • MY III X11 • f ' Imtial Fundmg Loan AUmment Page (13) Tlan7 means the Redevelopment Plan adopted by the Agency and tbM City Council pursuant to the Act for redevelopment m the area of operation of the (14) "Redevelopment Activities" shall mean those activities falling within the • 1 t If ,1111111 1 / !1 I1 r �• • • e• 1 :r1 f •i/1 / ,1 / / i :.� I t I t 1 1 / 1• t t 1 : t • I/ l t : r l 1 1/ ! :. H• 1 163.340, Florida Statutes, and authorized by the Plan . (15) "Start-up Expenses" shall mean out -of- pocket expenses which were 1: 11111111 ;11111111111 111 7 l • 1 / 1" t+ 1 11 r. :`:1 /• :11• 1 / 1 • 1 that were incurred to prepare this Agreement, resolutions, ordinances, studies, 11:1 • t , • Mal FOIJA (16) "Purchase Price" means the amount paid by the City to the Agency inclusive of the Start-up Expenses and the amount deposited in the CRA Project Account which shall be equal to the par mnount of the Agency Note being purchased at that time by the City for the Redevelopment Activities provided in (17) "CRA Project Account" means the Agency's CRA Project Account, which is intemally created by the City to track the loan funds for auditing purposes. Said account is specifically created pursuant to Section 12 hereof, in which the �ru � n'r r• rr r 11 :• n 1r CRA Initial 1 !1' Isoan Agmenmt Page proceeds loaned by the City to the Agency for the Redevelopment Activities shall be deposited. (1. S) 'Redevelopment Trust Fund" means the redevelopment trust fund of the F. 77 IN t r • :.e (b) Words =iporting singular numbers shall include the plural number M each case and vice versa, and words importing persons shall include fil corporations or other entities, ncluding governments or governmental bodies. References 1 Florida Statutes are 1 • 1. Staft tes (2012), as amended. SECTION 4. EMINGS AND DEEMMMATIONS. parties hereto recogmw and find 1:r it is in the /:. interest of each and the public 1 establish an additional cooperative relationship between the parties hereto in order 1 best carry out the purposes of the Act, specifically including the Redevelopment Activities, and iperating activities related to redevelopment of the Area 11 a timely 11 expeditious .: 1; 1:` hereto do firther find that • Agency does not presently available 1 t to carry out its activities under the Act because the Agency was recently created by the City, and it 0 is nemsary that the City make ; .:/ or loans . the 111 time . 11 1 order 1 provide fiords to the Agency to carry out its duties and responsibilities under the Act. Je& Op. FhL AttliIIly Gem 2001111111,30, Furl the parties I a • g /• find that 1 Agency's reirabursememi of Startmi Expenses / • the City is in the best intaests of each : and the public /• 111�11i �� III III Jill t 1 r: Ig .+111 :+ 1 Pap of Agency, that. hereby ► 1 - • determined t / declared ! the Governing Iii 1 { of + 1 (1) It is Mi the best interests of the citizens of the City and is contemplated by actions in order to further the redevelopment of its Area of operation within the in Redevelopment Activities. (2) The Agency is authorized under the Act to issue the Agency Notes and use the proceeds thereof to pay all or a portion of the costs of establishing and 1 111 / I I' A t• t- ' + 1! :• 11 t 1! 0.11 il I' A0 1 the Agency. (3) The Agency Notes will be paid from all available funding sources tUr and any Agency Bonds that may be issued by the Agency if ffimcialiy feasible, and the Agency is authorized under the Act to issue the Agency Notes without a vote of the electors residing within the area of operation of the Agency or within the City or any part thereof. (4) A negotiated sale of the Agency Notes to the City is required and necessary and is in the best interests of the Agency for the following reasons: the costs of issuance of the Agency Notes am likely to be greater and the time until issuance longer if the Agency Notes are sold at public sale by competitive bid Intalocal Agreement A,= if the Agency Notes are sold at negotiated sale, and there is *no basis, CtTA) ki to t' t . t! 11: 17M /!• •1 / 1 •:� : •t : M MI-IMSTIM conditions of a sale of the Agency Notes at public sale by competitive bid would be more favorable than at negotiated sale* short term obligations having the characteristics of the Agency Notes are typically sold at negotiated sale under prevailing market conditions; the market conditions are favorable for the immediate issuance of the Agency Notes to the City; and the Agency has undertaken substantial negotiations with the City regarding the purchase of the Agency Notes by the City, and has received a favorable commitment for the purchase of the Agency Notes. MhJ has been authorized to proceed with the implementation of the Plan, and the issuance of the Agency Notes to pay the cost thereof is hereby authorized and approved as required by Section 163.358(3) and Section 163.385(1), Florida. Statutes. SECTION 6. On October 1, 2013, the City shall make the requested payment of the Purchase Price to the Agency by depositing funds in the amount of said Purchase Price into the CRA Project Account (as created pursuant to Section 12). U I Mg the vurther, no later than swh time, the Agency agrees to execute an Agency Note evidenci Agency's obligation to repay the City the Purchase Price. Simultaneously with the delivery of any Agency Note for the Redevelopment Activities and reimbursement of the Start -up Expenses, as provided in Section 12 below, the City shall pay to the Agency an amount equal to the 11: 4 • MM.1 W1 0 :�� . i 1 CRA 1 r hMal Fundi Mg a Agrement Pap 9 of 24 Purchase Price, not to exceed One Hundred Thousand and No /100 Dollars ($100,000.00) which shall be deposited in the CRA Project Account herein created and established in Section 12 hereof. SECTION 7. DESCRIPTION Or NOTE. (a) The Agency Notes shall be issued in one or a series of separate notes not to exceed a cumulative total of One Hundred Thousand and No /100 Dollars ($100,000.00), for the purpose of financing all or part of the Redevelopment Activities undertaken by the Agency within the Agency's Redevelopment Area and reimbursement of Start -up Expenses, and for no other purpose. Each of I Agency Notes t . • ' designated • I r e follo i r • • • : • 1 Cape Camveral community Redevelopment Agency, Initial Funding Revenue Note, and shall be issued in the name of and delivered to the City, and have a term of ten (10) years. ,b) Interest on the ouLstanding principal balance of each of the Initial Funding ,Agency Notes shall be equal to two percent (2 %) per annum. '(c) The offer of the City to purchase the Agency dotes set forth above in the principal amounts staged or such lesser principal amounts as may be paid to the Agency by the City from time to time as provided herein, at a purchase price of par in accordance with the tertns and conditions as set forth herein, is hereby accepted and the Agency Notes are hereby 0 awarded and sold to•the City upon the terms set forth herein. Payment of the purchase price of the • :1: : l Community Redevelopment A•"1 Imtial Funding Revenue Rr sW, be made in the form of one or more payments to the Agency of funds which shall be deposited in the CRA P aect Account as provided hereirL The Chairman and the Record" Secretay of the r0i Mg 1.! r4,711 'J �_ 11 t 1 • 1 :It 1 II II it • ♦ ♦ 1 11 GI = 1 W�OLS 4Y ' ' ' Inifird 11 1 T Loan ' .'J ee'It :.1 Page 10 of 24 Agency are hereby authorized to execute the 1 • as r a provided t Agreement in such principal amount and deliver the applicable Agency Note in the name of or upon the order of the City upon payment of the principal amount thereof by the City to the Agency. (d) If the date for payment of the principal of, and interest on, any of the Agency Notes shall be a Saturday, Sunday, legal holiday or a day on which banking insti Ufions Mi the City are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not a Saturday, Sunday, legal holiday or a day on which such institutions are authorized to close, and payment on such date, which shall include accrued interest • such date, shall have • and effect as if rr..•' on re• r• date of payment. (e) Principal due on each of the Agency Notes is payable to the City upon presentation of the Agency Note to the Agency when due at the offices, of the Agency, or such given to the City. (f} So long as any portion of the principal amount of any of the Agency Notes or interest thereon remains unpaid: (1) if any law, rule, regulation or executive order is enacted or promulgated by any public body or governmental agency which changes the basis of taxation of payment or causes a reduction in yield to the City with respect to the principal or interest payable pursuant to the Agency Note, including without limitation the imposition of any excise tax or surcharge thereon, or (2) if as a result of action by any public body or governmental agency, any C%A InitW Funding Loan Agreement Page of payment is r:.1 I 1 be made ► or 1 federal, state or local tax deduction is denied the City by reason of the ownership of, borrowing money to invest iu, or receiving principal or interest on the Agency Note, the Agency shall reimburse the City within thirty (30) days aftr receipt by the Agency of written demand for such payment and shall indemnify the City against any loss, cost, charge or expense with respect to such charge. (g) In the event it shall be necessary for the City to pay any documentary excise tax levied or imposed upon any of the Agency Notes pursuant to Chapter 201, Florida Statutes, then the Agency shall be required under the provisions of this Agreement to pay or indemnify the City for the payment of such tax, provided the City shall have delivered to the Agency a notice stating 1 : : consequence of final action by an appropriate governmental authority, 1 have been determined that the City is obligated to pay such documentary excise tax on the i paid. The City shall Agency Note and requesting reunbursement from the Agency of the amount give the Agency notice of any proceedings, either administrative or judicial, or both, which may result in a determination of the City's obligation to pay such tax, and nothing herein shall prohibit the Agency from participating in such proceedings to the extent allowable by applicable law, rule, policy, or ruling. For the purpose of this subsection, the term "final action" shall mean either (i) action i Department of Revenue or other appropriate govennnental Y taken by the Florida agency which cannot be appealed administratively or in a court of competent jurisdiction, or, if any such action is appealable, in the opinion of counsel to the City (which opinion is acceptable to the Agency), such. appeal would likely not be successful; or (ii) action by any court of . W61 I TnA. r ;11 t= 1P-,WjLL1 CRA • 1 Initial I t 1' Loan Affe=ent Page 12 of competent jurisdiction as to which the time to appeal has expired or as to which an appeal has -1 1 1 1 { • `, •1 • mom imain, U ! 1 1/ SECTION 8. EXECUTION OF NQn. Each of the Agency Notes shall be signed . I s executed 1 the name 1 of the Agency forth in the form of the note attached hereto { The g! t of the Chairman 1 other officers of the Agency % ti :1 to sign the Agency Note shall be manual. The seal (if any) of the Agency shall be impressed, imprinted, reproduced or lithographed on each of the Agency Notes. Each of the Agency Notes shall be t executed when a :.t by the persons w. shall respectively hold the ati offices at the time of execution and attestation, without regard to who held the office on the 1- - 1 I IM 1' 1. 1 f'` f 1 1 11 1 1 1 1 1 1. { I 111 ! : of the delivery of that Agency Note. SECTION 9. PREPAYMENT. Each of the Agency Notes shall be subject to prepayment, in whole, or in part, at the option of the Agency, on any date prior to its maturity, without premium or penalty. Notice shall be given to the City at least five (5) days prior to the date for such prepayment. SECTION 10. (a) If any of the Agency Notes is mutilated, destroyed, stolen or lost, the Agency may, in its discretion either deliver a duplicate replacement Agency Note or pay the Agency Note together with accrued interest. Any mutilated Agency Note shall be surrendered to and canceled by the Agency. CR& Initial Fmdmg Loan Agreement Page 13 of 24 (b) Any such duplicate Agency Note shall constitute an original contractual obligation on the part of the Agency whether or not the destroyed, stolen, or lost Agency Note be at any time found by anyone, and such duplicate Note shall be entitled to the same benefits and rights 1 to lien • t and • . I of and 1 security for payment 1.11 the , :.. and other 11 • ` id 11111 1111111�11111 t • • ' t 1 1 1 N 1 :1 • / ' at 1 " • / L11 • • • :I1 • + I 1 - t SECTION 11. FORM OF NOTE. Each of the Agency Notes shall be substantially in 1' • tt • 1 • : 1 I 1- • : '�RJUI • 1 1 A•t • 1 •I • insertions, due to differences in denominations and other provisions, as may be required or permitted . this Agreement • amendment hereto),, SECTION 12. ACCOUNT. (a) On October 1, 2013, the City is hereby authorized to internally transfer 4100,000.00 of the Purchase ' :•+ • •1 1 Expenses, to : separate internal 1 • or amount hereby designated the Ca• 1: Community Redevelopment AgencYp '` Project Account," 1 ' 1 1 is hereby created and established. Said internal I • or account I il: 1 11 by the The fimds 11 deposit 1 shall be withdrawn, ` -• 11 applied by the Agency solely for the Redevelopment Activities and reimbursement of the Start -up Expenses authorized by this Agreement, and for purposes incidental thereto or for repayment of any of the Agency Notes. (b) The funds in the CRA Project Account that, in the opinion of the Agency and the City, are 1 • immediately necessary to expend for Redevelopment 1 1 w and reinibursement TnterloW J al11 :?I of Czpe 1 asl � Cape :11 e! : Commuaity Redevelopment Agency • ' Initial 11 1 t ' Loan Agroment Page 14 of of the Start -up Expenses, as heminabove provided, may be invested and reinvested in Investment ON! III, III III It I III C iiiiiiiiiiii FUN 11111 11 11111 :t :1 •: •1 1 i I! 1 :r1 "r1 t 111 I' • t 111 1 11 • fiords in the CRA Project Account shall be deposited therein and shall be used to pay costs of Redevelopment Activities and the administration and operation of the Agency or to repay principal of and any interest on the Agency Notes. (d) Funds in the CRA Project Account shal1 be secured at all times in the manner prescribed by the laws of the State of Florida relating to the securing of public funds. (e) Upon expiration of the term of this Agreement and Agency Note, any amounts then r 1 : 1 1 • m the CRA Project Account and 1 • reserved by the Agency for the payment of aini • costs incurred and for t 1 the Agency obligated. to 1: sball be used to III 10 toll M SECTION 13, COVENANTS QE TAE AGENCY._ Until the principal of and interest on all of the Agency Notes has been paid in full, the Agency covenants with the City as follows: (a) Punchw P The Agency covenwrits and agrees with the City that it will punctually pay or cause to be paid the principal and interest of each of the Agency Notes, in conformity with the terms of the Agency Note and this " !a '111' 1 and that be unconditionally and irrevocably •1 • e/ so 11! as any of the Agency Notes are outstanding t unpaid to take : lawful action 1 1 e. .1 or :q during 1 Fiscal Year 1 make any I r 1 r' v ran :fl r / - :Its: :f + 'r, 1 if tl II ! • �+ 1 _ t 1 � .;1 IT! 7MIT4 Kai I a III 111 V 1 1 / • .11• 1 11 +: ! 1 1 • 1 t r+. : / 1 • f • Ma 1 . 1 (b) The payment of the principal of and Wit • and the does hereby • • / pledge to the payment of each of the Agency Notes and the 1 thereon: the undistributed proceeds of the Agency • and the investment earnings thereon in the CRA Project Account that have not been incurred or used to gay costs of the 111 1 1 :I • of the 1 and administration and operation of 1' Agency, Increment Revenues; (iii) all other revenue and funding sources available and received by the Agency at any given time, 1• the proceeds from any Agency Bonds that may be :.a by the 1 with the City's approval to repay the Agency Notes. (c) the obligations evidenced thereby shaU not be deemed to constitute a general obligation of the Agency or the City or a debt, liability or obligation of the Agency, the City, the State of Florida or any political. subdivision thereof or a pledge of the faith and credit of the Agency, the City, the State of Florida or any political subdivision thereof. Neither the Agency, the City, the State of Florida or any political subdivision thereof, shall be directly, indirectly or conti sha ngently obligated to levy or to pledge any form of ad valorem taxation whatsoever for the payment of any of the Agency Notes or make any appropriation therefrom for its payment. (d) jnvestmgnt of _Funds._ All income on investments of fiends in the CRA Project • 1 1. 1 %• 1 I : 1• 1 . 1 111tOW1=91 - 1 1 1 • 1 TQ f 1 1 MW CRA Initial 11 • I1' Loan ' g M1f Page • of i 11 • i al_ / a}. 1 • _� :n!{ : 1 1 !. �1 • +}1 III III �• �j/ E : 1 • LI('.�•. •� 11 perform and comply in every respect material to the security of each of the Agency Notes with all applicable laws, rules and regulations relating to the preparation and implementation of the I: 1• r • I L: 1 i 1' '• 1 • f:! ;/• • f• 1 1` 1 1 (1} Trust Funds. As provided by Section 159.11, Florida Statutes, and this k4!J 1 1 all accounts . tom• herein • 1 A 1' twt funds to seem the payment :.t/ • 1 Agency Notes and for the purposes herein provided., shall be established with and held I such 1IIIIII III 1 11 • 1 :1 t { • " • 1 E 1' 1 n JI : �• 1 1 ' � - 1 1 �' • • 1 i 1 - • ! / • set forth hereim agrees with the City to pay when due and payable the full principal amount of each of the Agency Notes, plus any accrued interest, to the City from Increment Revenues in the Redevelopment Fund, all other t and funding sources available :11 • received by the Agency 91 :.l1 time, proceeds from 1 ' • 1 Bonds :r1 1 • : I Agency Notes, or funds in the CRA Project Account. To secure the payment of each of the Agency Notes, the Agency does hereby pledge and i • 1 to the lien upon Increment e? t R 1 : •, deposite. 1 in the Redevelopment Trust Fund, all other revenue and funding sources available and received by the Agency any t time, the net proceeds from any such Agency Bonds and • 1 1 • in the CRA Project • n The Agency firth firther covenants and agrees that it will. not permit any lien or encumbrance on the funds' in the Redevelopment Trust Fund, or funds from any other CRA W1 : W&I Rmftg • :t • • "I r, Page 17 of revenue and finding sources available and received by the Agency at any given time, superior to or on a parity with the lien created by this Agreement without prior approval by the City. SECTION 15, M E'VELOPWNT TRUST EM:1?EPOSff OF INCREMXNT REVEN�T�� (a) The City covenants and agrees that so long as all prerequisites under the Act for doing so have been satisfied, it will take such action as is necessary to create and continue 1 existence the Redevelopment Trust Fund and cause the deposit therein of Increment Revenues. ,b) The Agency covenants and agrees dud upon creation of the Redevelopment Trust Fund it will take all such actions as are necessary to collect and cause to be deposited in the Redevelopment n all Incremental :t 111 1 It The Agency and agrees, • long any of the Agency Notes 11 : 1 outstanding, to promptly deposit Increment Revenues in the Redevelopment Trust Fund as such revenues are received from each "taxing authority" or become available to the Agency for this purpose of being deposited into the Redevelopment Trust Fund (d) The Agency covenants and agrees, so long as any of the Agency Notes rem= outstanding, to promptly pay to the City any funds received by the 'Agency from any other revenue and funding sources available -at any given time that are not required to fund normal SECTION 160 In the event the Agency 11 . fail to perform •11 promise, • :,1 or • 11 111 contained 1 m' the City • Y: :J 'Am �q CRA Initial Ftmding Loan Agreement Page 18 of 24 (: I - I !I �f � :If 11 "f : : t 1 111' :111 :, • :If It. � 1 � +"t I obtain equitable relief, including injunctive relief, from any court of competent jurisdiction. The Jr— hereto recognize and acknowledge that the only sources of payment to the City of the Agency Notes are from funds in the CRA Project Account, Increment Revenues deposited in the Redevelopment Trust Fund, funds from any other revenue and funding sources available and received by the Agency at any given time, and the proceeds from any Agency Bonds issued to repay the Agency Notes, and the obligation evidenced here is not a general obligation or a pledge of the full faith and credit of the Agency or any other governmental entity or political subdivision of the State of Florida, under any applicable statwtory or constitutional provision. MIIIIIIIIII z 1 :U:• /11!. instnments, tfi or other documents (including Agency Note substantially 1 the form attached hereto till : .y ' A as may be necessary to cause payment of eaeb Purchaw Price { be timely made, each ' { 1 Note issued, proceeds therefrom deposited 1 the CRA PrOject AcooI and such other purposes t1' may be necessary under 1 is Agreemen SECTION 184 (a} The Agency does hereby represent and warrant to the City that it has all requisite power, authority and authorization to enter into this Agreement and issue each of the Agency Notes, has taken, or ' take 1 the :1 fixture, : necessary actions required 1 enter into this Agreement at issue each of the Agency Notes, make 1 payment ct f I l f 1 hereby, : I/ f to W1770K5 0 =1 \ 11111 I { ► W 1 " 1 1 11:1 1 CRA 1 TI = 1 1 1` Loan Y • "m' 1 Page, • of AM any and all of its obligations, duties and responsibilities for or required of it by this Agreement, for their exercise individually or collectively. (b) The City does hereby represent and warrant to the Agency that it has all requisite power, authority, and authorization to enter into this Agreement, has taken, or will take in the 1 1 i :�. tl f 1 1 1 1 1 • I- 1! 1- 11 • nice, accept and • 1 the Agency Notes and to fUM any and all of its obligations, duties ,• responsibilities for or required of it by this Agreement, whether exercised individually or collectively. (c) The City does hereby represent and warrant to the Agency that it does not intend to sell, convey, assign, or give any of the Agency Notes to any other person and intends to hold all Agency Notes until maturity. SECTION 19. AMENDhMNTS* This Agreement may be amended only by the li 1 V i- Mo 1" t - 1 1 I 1 1 ' consideration of the acceptance of their mutual duties, obligations, /• responsibilities hereunder, 1 Agreement / /, be deemed 1 be and 1 1: con§titute a contract between the City 1 t 7, + 7, =$]I • M 1 /1 / 111 / 1 1 I %�J + 1I :1I or provisions of this Agreement shall be held contrary to any express provisions of law or contrary to any policy or express law, although not expressly prohtibited, or against public policy, or hall for any reason whatsoever be held mivalid, then such covenants, agreements or • �' •' a • n 1 1 :• : • • 11' tt aa i CRA InitW Funding Loan Agmement Page 20 o provisions s1 : be null and void and shall. be deemed .. from 1 i : 1 1 • covenants; agreements • provisions of his Agreement SECTION 22. CONTROLLING LAW. All covenants, stipulations, obligations, and agreements of the and the Agency •1 : 1:! in this Agreement be deemed to •: coveriants, obligations 1• agreements of each of the City and Agency, to the full extent authorized by the Act and provided by the Constitution or the laws of the State • Florida. 1 and all provisions of this Agreement and any proceedings see1 • to enforce or challenge any provisions of this Agreement shall be governed by the laws of the State of Florida SECTION 23. NOMMER LIABUMs No covenant, stipulation, obligation or agreement contained herein shall be deemed to be a covenant, obligation or agreement of any present or member 1" of the goverming •11 or agent or employee of 1 City or the Agency in its, his or their individual capacity, and neither the members of the City Council or the Govenung Body 1 the Agency, nor 1 official this Agreement 1. be liable personally or shall be subject to any accountability for reason of the execution by the SECTION 24. _► myowagm.g (a) The Clerk of the City is hereby authorized and directed after approval of this Agreement -by the City Council and the Governing Body of the Agency and % the execution thereof by the duly qualified : 1 authorized officers of each of the parties • to file this Inteflocal Agreement Cim, aywj urn m Redevelopment .f EM M1 roll 4T.1 rr • u r :ri .arr : ei Agreement with the Clerk of the Circuit Court of Brevard County, Florida, in accordance with Section 163.01 (11), Florida Statutes. l• Any original Agency • • in fintherance of g 11:11 shall, be maintained on file at Cape Canaveral City Hall for safekeeping. The Agency Note(s) shall not transfer, convey, or give any or all of its rights, duties, obligations, and responsibilities under this Agreement, specifically including the City holding any of the Agency Notes, without the prior written approval and consent of the other party. SECTION 269 VALI DAIIQN. If determined by the City Council to be necessary, the Agency consents to, and shall cooperate with, the City Attorney Wtiating and underWdng proceed 11lN 11• 1: • Florida I • validate 11 ' i obligations 1'I and :mot: t tom• t 1• t • 11 J 111 t • 1• I • 1 t :� City and the Agency by adoption and execution of a subsequent interlocal agreement, this Agreement shall expire at such time as the principal and accrued interest on all of the Agency Notes is paid by the Agency or when the Agency sunsets as a legal entity, whichever occurs first. SECTION 284P EMCTIW DA.I This Agreement shall become effective on- October 1, 2013 upon the execution by the appropriate officers of the City and the Agency, and upon filing this Agreement with the Clerk of the Circuit Court of Brevard County, Florida, as required by Section 163.01(l 1), Florida Statutes. PHI= M 1111 iiiim;m r87; 111111111 rLol WWWWW111 "1% Z' on loll I ATTEST (SEAL): Angela Appersoa, City Clerk IL WWU �� �• 1!- ••:�� '•� CITY OF CAPE CANAVERAL, FLORIDA Rocky Randels, Mayor I HEMy CERTI]Fy &at on fl#ds day, before me, an officer duly authorized mi the State and County aforwaid tD take Cape 1 •- Florida, I• ! known personally • 1 produced Ualendficatim W be the person described M' and who executed the foregoing uiwtrument and he a6milowledged. before me that he executed the same for the purposm set forth herein, and he • • no10 oath. swear an (Notary J Sear NOTARY PUBLIC MY Commission Expires: 11 • !. - �Ia �1 City of Cape ! :11 . 1 : 41 • 11 11 1 • • • 111 .f1 C' ' Initial Funftg Loan Agmemmt Page of ATTEST. Bye Angela Apperson Recording CAPE CANAVERAL COMMUNrFY REDEVELOPMENT AGENCY County I 14EMY CERTIFY that on this day, before me, an offter duly authorized In the Stabe and t +:: a ■• take acknowledgments, personally a••' a• Rocky Randels, Chairperson of Canaveral Commumity Redevelopment Agency, 0 to me known personally or 11 who produced aB idenfficatiort, to be the person described in arid who mcwmbed the foregoing mistrument • .• • • :• 1a • 1 ■ :. •:• sa�ere Iitr ffiIIIIIIIJEEM! t • 1 herein. and he • • Page 24 of NMARY PUBLIC My Commission Expires: Emit "A" $loo,000.00 11. 1 - t 1 *11�r, 0 1 1'!1• "00 firl 01 k AIRL011 Celli 4 IIN � }� ► ' 1 11 t : I I II If 1 I 71VIIIIII mail 1 1.1 t V :/. �• 1 1 � 1 • 11 + � / • 1 t t • at - � ! 1 � { r : 1 1 " 4 1 + 1 f 1 .:� I•: 1 1 I 1 I r l 1: 1 :i 1 r t fl ' or • registered assigns or • +. ' 1 thereof it 1 1 A I "Registered Owner"), on I day of October, 2013, unless prepaid I 1 I:i " 1 as hacinafter provided, 1 t solely from fl I •:f mentioned, #I Gf 1 principal 11I of i : 1 1 i f 091M UL, : r ' ♦ 11 .1 [ 1 • • • • : 1 :� n • 1 • ; 1 1 • • 1 • 111 1 a : • 1 • 1 1 " ! : hw :1 /1 1 1 :• • 1 ' !+ ��Ir al 1 # 1 1 1 . • r 1 1 r �• • TWO PERCENT per annum to be used for any Redevelopment AcA A :: and l a Irr I 1! III M4 t!&�Iowzr :11 ! " :tll r:ll t: :r ver, I i mig a =:I11 1 .111 1 t 'm1 MgMt : wri Ir -1 September 1 oy ILE tVty7LaWgtMcj 1 1 ' :n• 1.1 1111 • • • 1 1" •:. P IM a ItriWi& • t : 1 ' f t In no even4 however, interest be charged in : • amount in, excess of 11 tl It 11 interest rate permitted to be paid by applicable law. 1; :' 1 •• 1 !" 1 :•. 1: f I I 1 1 1 1 t 1 : 1 1 • 11a 1 14 aW Subsequent { 11rl1 {. 1 1 - 1 �: 1 :. =74I,9999 •t [rA A 1 paid intent It purpose of this Note is 1 require repa3ment no later than the expiration 1 the ten year u 1 1 5 1 a• 1 1 • :[1 t I•/ 1 1 I 1 1 1 1: I: ••: 1: 1 rl �r : ! ' : H X11 1 ' 1 t t 1 1 1 • 1 1 1 : it • 1 : 1 / :1{ / " • 11 �1 / 1 1 7 ! 1 1 1• �:J • t 1 1• 1. 1 ��' A 1 1 1 ':II 1 `:dl 1 -1 • 1' : t t :1'- •' :111' 1 :II :• yt :II 1 . - Wdall u' al • At'/ 1 . I I !• " 1 1 71 1 1 '' 1 1 1 1 1 1 1. 1 1 1' ► 1 f t:l '; F 1 1 : I: :1 11 • 1� :I, :111 ► 1' :1 • • � 1 ! 1 I t •►a 1 ►1: : ►:� ' a i &cipal and interest due on this Note are payable to the Registered Owner mmediately available funds •t! presentation • I 1 due at the offices 1 the Agency in the of Cape Canaveral, f 1 This Note will. be subject 1 prepayment whole or per at the option 1 1Agency 11 any date prior to its maturity, without permission or penalty. Notice of such prepayment r be given m the manner re• :1 by the Agreement :ill :•'1 hereinafter defined. 1 1 1: 1 1 1 1: 1 1' r 1 {► 1 A A 1• 11 ► I:' 1' M • :1 • � •:'1 1 r'.1 Mrl 1: �r. 1 1 :! I J :'11'1 1 �• 1 :111 1: '1.1 1: 1 October 1, 2013 CgAgrecrrimf), 11 pursuant to the authofity of and I fiffl compliance with the Constitution : I t laws of the State of Florida, I 1 1 • particularly Part II Chapter 1 Florida Statutes i as amended, : 1 t actions by the Agency and the City Council of the City of :n Canaveral, 1 1: authorizing 1 Note. This Note is subject 1 all tm= and conditions of Agreement I t 1 capitalized tmw not otherwise defined t et 1 1 shall have the sarne meanings ascnl)ed to them Mi the Agreement 11: { 1 1 ! t• 1 •: 1 f• : L. 1 1 I 1 1 f • a 1 • 1 1/ • 1 1 1 1 � ':II 1•' t:d • • : • 1r1 `: • 1 1 :'1 • t • :11 1 I :a :� 1 :'+ 1 1 • :I l :� r 1• 1' 1 1 1 1 1:• ! 1' :' 1 1 1 11 1 I t • 1' :? t 1 1 • A • ( • : • 1 : K : :1 1 :! 1 1 : 1 1 M, :! 11 :i 1 ' ( •111: 1 ► •1 : 1• �• ! 1 11 ! ' :f 1 •:1 :•i1 : 11 Lit any other legally available funds of the Agency 1 • but • limited to, grants, and 1 !:i revenues. Reference is made : • " 1 the Agreement for 1 _ provisions, among others, 1 / r to the terms, 1 and semity for • the `f duties and obligations, • all of which 1 1 1 the Registered 1 hereof assents by acceptance hereof This Note and the obligations 1 +i1 et hereby, ' +f1 delivered 1 the Agency pursuant to the 1 and conditions of the Agreement :! 1 / Joint Resolution, shall 11 be or • t► an indebtedness of 1Agency, oT State of Florida, ' 1 the meaning of any constitutionalo, statutory or 1 :I limitations of indebtedness-, but shall be payable s• 1111 the designated revenues, as provided the Agreement and the Resolution. No holder of this Note is have I right 1 compcI the of the ad valorem taxing 1• w r of the City or State, • 1 1 t in any form of any property theremi to pay this Note or the interest thereon. It is hereby certified and recited that ill RI 11 things required to exisr to 1 : f • :il 7114 • 1 1 ' • 11 1V1&w4fi;41-It to : 1 d W Al ff 119P 1 11 r ' 1 e• and 1 1: ku 4 a gTo f iA� 4 (STF 0 l :/ 9 I • t 1 f • ( 1 A 11 ` ►1 �t r t' :' : 1 1 1 t R A• 1 1 ar clam a WW im the State of 1 1: applicable hmrto, and that the mivance of this Note does n1 1 any constitutional or :1 1 1 limitation or provision. ♦/ fl 1 'It i/ I 1 :t f) : 1 +� : 1 :11 1 tr ♦ 1 ! :i 'a 1 : t { I ' ! f : 1 f 1: 1 1 1 :r: 1 vs Bill All" r• 1 1 11 �'� 1111 :-, if I ♦!.1 :11 -• • -1 •i trl I �It 1 1 1 1 � 1!:' ATTEST: Recording em CAFE CANA'V'ERAL COMMUNITY REDEVELOPMEaNT AGENCY Page 3 of Loan Amorfizaffon Schedule Loan L=amaumt loan period in yeas Number of paynwis per Year Stortdate of ban Optbnd axka payments •a_. IMA M. • : 10 ;.: 1 0. • :'; it)Il'12013 ., ' -• Loan Scheduled payment Scheduled mimberof payrnert� Adud munberof payments Told ealy payments Total inferest 1 1.13265 • : 10 ',; ;;'.; ` 0. 110I ' : 1•• M 1 • 1ii• ♦ •• 1 1 •1 • •1 • 1 •1. 1 11 wire! •1 • 1 •1 1 1 - 1W31rA14 S 100oI 5 11013Z65 Y t'.Y :: 416&67 S : Iti ' I 1M I12015 tC 1 .. 11,132w66 : : IXMBB 81,722 *04 1 4 1001=7 7Z223,93 11V132.65 11113M 901 IA44AS 82,535 7jW&M 1 I : :Y 3 :y •✓ it : ♦ 25 :•r I : :': 10031AM : 11,13165 1Oo281o17 l: lOvI f I. . I riC 1: 1 : 1OjWTA5 222.,19 1 Y I Invoices for Services related to the creation of the Cape Canaveral CRA Kimley -Horn Total Paid City Attorney Total Paid Florida Today Total Paid $60,773.25 $ 5,961.25 $ 189.77 Allen Engineering Total Paid 2 955.00 Grand Total $69,879.27 Attachment 2 July 12, 2013 Date of Invoice Invoice Number Amount of Invoice Jul 31, 2011 4500983 $ 51302.22 Aug 31, 2011 4567658 $ 6,700.99 Sep 30, 2011 4598584 $ 4,662.99 Feb 29, 2011 4734159 $1,063.80 Jun 30, 2013 4830275 $ 31900.00 Aug 31, 2012 4868504 $10,175.00 Sep 30, 2012 4944707 $160947.00 Oct 31, 2012 4976105 $ 5,290.00 Apr 18, 2013 5131543 $ 2,766.25 May 24, 2013 5156742 $ 2,75150 Jun 23, 2013 5203339 $1,212650 Total paid to date: $ 60,773.25 �4 r fftley -Horn � J and Associates Inc. 11 CITY OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 IQMLEY•HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193 -2520 Federal Tax Id: 56-0885615 LUMP SUM Invoice No: 4500983 Invoice Date: VU Invoice Amount: $5,3 PY Project No. 14724400091 Project Name: CRA FINDING OF NECESSrTY Project Manager: FRAZIER, LISA Client Reference: PO #4640 For Services Rendered through Jul 31, 2011 Description Contract Value % Complete Amount Eamed to Date Previous Amount Bitted Current An=nt Due Ili 11jG, 11�f 31 Y 17,730.00 29 *91% 5130122 0.00 5,30222 Subtotal 1 17,730900 1 29091% 1 51302.22 0400 S,302.22 Total LUMP SUM 51302.22 Total Invoice: r r l\ /ED By 'r"%# nF CA""' CANAVERAL DEPT j lL .��.4 IGm1ey -loom and Assmiates, Inc. CITY of CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY -HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193-2520 Federal Tax Id: 56-0885615 LUMP SUM .s.. Subtotal Total LUMP SUM Total Invoice: 46;700.99 Invoice No. Invoice Date: Invoice Amount: 4567658 :Aug-31, 2011- $6,700.99 Project No: 147244000.1 Project Name: CRA FINDING OF NECESSITY Project Manager: FRAZIER, LISA For Services Rendered through Aug 31, 2011 ' °r6 Amount Earned Previous Amount Contract Value Getnplarbe to Date Billed 17,730.00 67.70% 12,003.2 5130222 17,730.00 67.700k 12,003.21 5,302.22 0, OL 100' • r +f r, w. w0. r . • I • . ! r r Current Amount Due 6,700.99 6,700.99 - - 6,700.99 j C12n =81 Inc. R ('�ar1VEn J.•Ft �{I..r.1... E CITY OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 Na ATIANTIC AVE PO BOX-326 CAPE CANAVERAL, FL 32920 Pidase sen payments to: KIMiEY -HORN AND ASSOCIATES, INC. P -O- BOX 932520 ATLANTA, GA 31.1.93 -2520 Federal Tax Id: 56.0885615 LUMP SUM .Invoice No: 4598584 Invoice Date: SeP330 1.1 Invoice Amount: $4;662:99 Project No: 147244000.1 Project Name.. CRA FINDING OF NECESSITY Project Manager: FRAZIER, LISA Client Reference: PO *4640 For Services Rendered through Sep 30, 2011 Tots! invoice: < ...: �9 If you have questions or concerns regarding 0* hwke, please call Headier Dodson at 56J *84"25J % Amount Eamed Previous Amount Current Amount Desaiption Contract Value Complete to Date Bi4ied Due x' 90 �NG�O V SM 17,730,00 94.00% 16g666920 12,003.21 4,662.99 ; Subtotal 17,730.00 94 =0 /o 16,666.20 121003.21 4,662.99 Tota1 LUMP SUM 41662,99 Tots! invoice: < ...: �9 If you have questions or concerns regarding 0* hwke, please call Headier Dodson at 56J *84"25J w C17Y OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 . • r. - i • ' • :• 7f 1 Nal :rte 0 • 1.. ■ 1 L� Invoice Not Invoke Date: Invoice Amount: 4734159 1,063.80 Project • 110 ProJect - CRA FINDING OF NECESSn Project Managers, FRAZIEk LISA Client Reference: -.nT �/1 .4640 e :19 MrM . i it C17Y OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 . • r. - i • ' • :• 7f 1 Nal :rte 0 • 1.. ■ 1 L� Invoice Not Invoke Date: Invoice Amount: 4734159 1,063.80 Project • 110 ProJect - CRA FINDING OF NECESSn Project Managers, FRAZIEk LISA Client Reference: -.nT �/1 .4640 Total 1"Volce: CITY OF CAPE CANAVERAL FINANCE DEPARTMENT RECEIVED By Cheryl Puleo at 4:38 pm, Mar 'l5, 202 q[ Ix I 11000010� e :19 MrM . i it e �rts i l l 11 1 1'. 1 1 1 NEE ... 1 I 1 .Y : 1 roll I'Vol '•r] 1 4 Total 1"Volce: CITY OF CAPE CANAVERAL FINANCE DEPARTMENT RECEIVED By Cheryl Puleo at 4:38 pm, Mar 'l5, 202 q[ Ix I 11000010� I 4HA� , CITY OF CAPE CANAVERAL ATTW BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY -HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193 -2520 Federal Tax Id: 56-0885615 LUMP SUM Invoice No: 4830275 Invoice Date: Jun .30,..2012 Invoice Amount. $3,900:00 Project No: 147244000.1 Project Name: CRA FINDING OF NECESSITY Project Manager: FRAZIER, LISA For Services Rendered through Jun 30, 2012 UWM1'w)-w-J Desalptlon Contract Value % Complete Amount Eared to Date Previous Amount Billed Current Amount Due CRA.= :FINDING OF NECESSITY 17,730.00 100.00% 17/730,00 17,730.00 0000 AMENDMENT #1 31000000 100800% 38000.00 3,000.00 O.00 AMENDMENT #2 3,900.00 1010090 30900.00 0600 319OOoDO subtowl 24,630.00 100.00% 24,630.00 20,730.00 3,900.00 Tats! WMP SUM 3,900.00 Total Invoice.* $3,900.eO 4(7y U ®® Kimley -Horn ®® and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: BARRY BROWN 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY -HORN AND ASSOCIATES, INC Invoice No: 4868504 Invoice Date: Aug ;31 i201sZ: Invoice Amount: $10,17r Project No: 148192000.1 Project Name: CAPE CANAVERAL CRA CRP Project Manager. KLEPPER, KELLEY Cllent Reference: P.O. BOX 932520 For Services Rendered through Aug 31, 2012 ATLANTA, GA 31193 -2520 Federal Tax Id: 56- 0885615 RECEIVED C17Y OF CAPE CANAVERAL Sy Cheryl Puleo at 90:15 am, Oct 24, &012 LUMP SUM FINANCE DEPARTMENT Description Cmtracr Value % complete Amount Earned to Date Previous Amount allied Cur ent Amount Due TASK 1.0 - 3.0 PHASE I 18,500.00 55.00% 10,175.00 0.00 10,175.00 TASK 4.0 - 6.0 PHASE R 37,400.00 0,00% 0.00 0100 0.00 Subtotal 55,900.00 18.200/0 10,175.00 0.00 10,175.00 Total LUMP SUM 10,175.00 Total Invoice: $10,175.00 DESCRIPTION OF SERVICES: . Property valuation ahalysis, review.of existing documents, update'offinding of:necessity (fina;FON), SOCC. and Cityy Council UPON, delegation /approval meetings; -CIF and property : valuation analysis.,. D lZ / ? ;, r 0�611;w WE U you have questions or mncems, please Call Mary Olderfch at 941- 379 -7635. w+wo CI� IGmiey -Horn MI and Associates, Inc. City of Cape Canaveral Financial Services QTY OF CAPE CANAVERAL ATM: BARRY BROWN 7510 N. ATLANTIC AVE PD BOX 326 CAPE CANAVERAL, FL 32920 Please send payrtrertts to: 04LEY -HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193 -2570 Federal Tax Id: 56- 0885615 WNP Sum RECEIVED By C.Puleo at & pm� Jai f�x t� Invoice No: 4944707 Invoice Date: Sep'30 2Q12 Invoice Amount: $16,947.00 Project No: 148192000.1 Project Name: CAPE CANAVERAL CRA CRP Project Manager: nEPPER, KELLa Client Reference: For Services Rerldered through Sep 30, 2012 Desorption CorAwt Value % Complete AMMM Famed to Date Pnealas Amount enled OXng*Amo= Due TASK lA • 3.0 PHASE I 18,500.00 90.0096 16,650.00 10,175.00 6,475.00 TASK4.0- 6.01PHASEU 37,400.00 78.00% 10,472.00 0.00 10AM00 adom 1 95, 900.00 48.52% 17,17200 10,17500 76,9471!0 TOW LUMP SUM 1494700 DF NECESSITY (FINAL couNQL Total Lrvoioel >#6 947.00 o� / B1 3 Payment Authorized by: Invoice circle # I Visa or h�k circle le one) Date: I —16 — I3 Amount: 5I 1� i 99 l . AD JfYw ha- WE WOW Of MOM 5PftSe ®d MaryOUfo, at 941379 -7aM EM" Kimley -horn ®! and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: TODD MORLEY 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY -HORN AND ASSOCIATES, INC P.O. BOX 932520 ATLANTA, GA 31193 -2520 Federal Tax Id: 56-0885615 LUMP SUM Invoice No: 4976105 Invoke Date: G d 31, 2a12 Invoice Amount: $5,590.00 Project No: 148192000.1 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Client Reference: For Services Rendered through Oct 31, 2012 SCANNED Desalption Conbad Value % Complete Amount Eamed to Date Previous Amount I allied Current Amount Due TASK 1.0 - 3.0 PHASE 1 38,500.00 100.00% 18500.00 16,650.00 1,850.00 TASK 4.0 - 6.0 PHASE TI 37,400.0D 38.001% 14,212.00 1 10,472.00 3,740.00 Subtotal 55,900.00' 1 58.52Pfo 1 32,712-001 27,122.00 5,590.00 Total LUMP SUM -- 5,590.00 Total Invoice: $5,590.00 F10 RECEIVE DESCRIPTION OF SERVICES: By Chew] Pelee Revisions to CRP including TIF projedions. Lf'Apubli[#3E8rirag: f� ng lfyou have quesUms oreanmrns, please al/ May OWerfrh at 99! 379.7635. Payment Authorized by: Invoice tlg9'i (n 1 U5 Visa or ec circle one) Date: , 1 Amount:,540,OP CITY OF CAPE CANAVERAL FINANCE DEPARTMENT C ®I \ Klmley -Horn and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: TODD MORLEY 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY -HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193 -2520 Federal Tax Id: 56- 0885615 COST PLUS MAX Contract Value 8,000.00 Previous Billings 0.00 Current Invoice 2,766.25 Remaining Contract Value 5,233.75 FidE COPY Invoice No: 5131543 Invoice Date: Ap;{8-2013 Invoice Amount: $2,766.25 Project No: 148192000.3 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Client Reference: For Services Rendered through Mar 31, 2013 Description Current Amount Due k:l kIMPLEMEN_ TA770N /GRANTS PROGRAM 2,766.25 EXPENSES 0.00 Subtotal 2,766.25 Total COST PLUS MAX .`2;766.26: Total Invoice:; $2,766.25 j tug DESCRIPTION OF SERVICES: • CPAProarams review and summary document (Program Description/Overview, intent, overall program requirements and qualifying conditions) and revision per Oient comments. Payment Authorized by7�� Invoice ft 51516;q5 Visa oECbbc ircle one) Date: 5- 10- 13 Amount: SZ4y61, - ;75 If you have questions or mncems, please o1/ Mary Oldedch at 941- 379 -7635. Nmo C•/1 Kimley -Horn and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: TODD MORLEY 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: , KIMLEY -HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193 -2520 Federal Tax Id: 56- 0885615 COST PLUS MAX Invoice No: 5156742 Invoice Date May 24, 2013' Invoice Amount: $2,752.50 Project No: 148192000.3 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Client Reference: For Services Rende�tt Description Contract Value Amount Billed to Date Previous Amount Billed current Amount Due GRANT PROGRAM 7,500.00 5,518.75 2,766.25 2,752.50 Subtotal 7,500.00 5,518.75 2,766.25 2,752.50 Total COST PLUS MAX 2,752.50 Total Invoice: $2,752:50 DESCRIPTION OF SERVICES: • CRA-Programs .and incentives. summary Including program • Review meeting with City (4/29) Payment Authorized by: Invoice #515�,'74Z Visa O(Check ircle one) Date: ,>9"- a.°i - t 3 Amount: $ 2 3r759.5d If you have questions or mncems Phase rail Mary O/derkh at 941- 379 -7635. s� Can Kimley -Morn and Associates, Inc. CITY OF CAPE CANAVERAL ATTN: TODD MORLEY 7510 N. ATLANTIC AVE PO BOX 326 CAPE CANAVERAL, FL 32920 Please send payments to: KIMLEY-HORN AND ASSOCIATES, INC. P.O. BOX 932520 ATLANTA, GA 31193 -2520 Federal Tax Id: 56-0885615 COST PLUS MAX I RECEIVED By C.PU100 at 12:57 s S Invoice No: 5203339 Invoice Date: A; 2013 Invoice Amount: $1,212.50 Project No: 148192000.3 Project Name: CAPE CANAVERAL CRA CRP Project Manager: KLEPPER, KELLEY Client Reference: For Services Rendered through May 31, 2013 Description Contract Value Amount allied to Date Previous Amount allied Cumem Amount Due GRANT MgPAM 7,500.00 6,731.25 5,518.75 1,212.50 Subtotal 7,S01 6,731.25 5,516.75 1,212.50 Total COST PLUS MAX 1,212.50 Total Invoice: $1,212.50 DESCRIPTION OF SERVICES: :.,..... • ftt:vised- CRA?Pfiigrairs document per Client comments Including application forms, Payment Authorized by: i Invoice # 52-0333q Visa o Chec circle one) Date: G -2q -13 Amount: $ I, 212.50 If you have questions orrmcems, Olmse call Mary alderidi at 941 -379 -7635. i� Date of Invoice Nov 06, Dec 07, Jan 03, Feb 04, Mar 04, Jul 01, Aug 06, 2012 2012 2012 2013 2013 2013 2013 5,961.25 :• ; Invoice Number 54007 54679 54754 55147 55518 57010 57395 Amount of invoice $1,080.00 $ 2,979.00 $ 615.85 $ 150.00 $ MAO $ 930.00 $ 75.00 Zb i IL I 012 ixIIe�: s�3 -0sa r - 1713 MY of CAPE CANAVERAL FINANCE DEPARTMENT RECEIVED .ter. .. By Cheryl Puled' St 9015 f aim - • --.., 1.,. I1:.II,• .II g I I� :1, ,.,•,'It,II r , I.n, I.y.iI:.I:,. I 1 1 r r i C }=' {..�' a� .. f.t A a c BROWN, GARGANESE, WEIrSS & D'AGRESULt P.A. ATMEMYSATUW art ..1.. .1 Y [/'�1 111.11 !'.1 •..1.1.1 I l I]' + 1 SI : 11 . _ $;: 11 l: • 11. II �:11•• M :I I.: ' i ItIim 1101 ro p v rer4wo e! )Z//y(l z ' ' II:11 •• « ; t Ll • 11{11 lill ' :.1 1 1)111:1 !t• t w I I I 11: I f•/ • i 1: K� ✓: 1 I• 1� N• 1 l• 1 V: 1 • • 1' NONNI `•; 11 RI - ! 1 1 ' � t t; 11:1 1 1 1 / 1 �7s 1 7 kL 1 ' i/ • 1 • 1 1Ilr' :i: t r vier Itlt.. :I f l 1: :.•: •• 1 1 1 1 t 1.1 • i • I. 1 :. v• ( • 1 • I i 1 tl 1 • I*: %'a • 1 • • 1) • r IL I �•• .1 •.1 1: I :-1:1 • 1 ►! �: {1 111 1 • l 1,'1 1 1 1 1 • �-:. 1' 1 1 1 :! 11 V• 1 1 v!:{ 1 t! : I 1 1 11 .` ;11 tr= pt .1 1.1 1 1 :1� 1:t 1 �: 1 F: •11 Itw :!1111 1 Ir • =-: �• �: • • t 1.=:1 i v 1 :.1: :1 •111 w1r, • ttl :U / • 1 ;{ ::1 1I 1 11 • Its :Det9diber 7, 20'12 File #: 513454 Inv . -M - • ..S4M- FIN: 59•'3372519 • � f ` 1 1 V I• 1920 180600 AAG 1.10 165000 KWL 020 30.40 KWL 1650 225.40 KwL r_ 1 1:;.•. C�1lJ I •.1. ,. N' r, 1„•1 f7•4:n:.1 . . ..� ) i. lil ., r• :, , _ 1.T1 1: 1111. ,s n Ir;fn. •. 1 1 I f 1 1 t ., .... ...:/ .•111:•1 � ,:,, S 1 11 1 t rl l'. li 1 �{ {.1:'• 1' 1� 111: 7.p-m 3M ! : • :.:: i . 1 1 1 • IIIK ' 1 • . 7 i , 1 : • . " 1 ' � 1 1 . 1 . 1 1 If c .1 if �•.l.r 1 }. .. r,:, lil, ... •,'1,•.r1 111111,1.1 I 1 I.1 V n is L ` '� 701771 1 1 wil 7 = 16' rim I s F fit iti Qw�i L 0 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. ATTORNEYS AT LAW PoR0t6a sox 2875 January 3, 2013 Pl.�� (40n 42"M 2873 File 0: 513-054 (4c7142MM FAX smelt: fadolawuet Inv #: 54754 Warta wwwm6mdolawaa FIN: 59. 3372514 CatY of Cape Canaveral (Sty of Cap Canaveral Financial Services 105 polkAveme Cape ilamwasl,FL3292o RECEIVED )(y" , � Adendom City leer* Sy �:�Pu/eo �x�r,? • r . •'' r ..h >. °1. M Cage Canaveral Community RedevelopmentAgMcy DATE DESCRIPTION 0 HD �MIOUNT LAWYER DwA3 -12 Review County resolution and agenda Item; 1.40 210.00 AAG email B. Brown; email County Attorney with commatt hwisions to delegation resolution. Correspondence regarding County resolution 0.20 30.00 KWL and approval of plan. Dec-04 -12 Emai19 with County regarding delegation 0.40 60.00 AAG resolution. Dew)&12 Correspondence with B. Brown regarding 0.50 75.00 KWL Council approval of plan and public notice roquiraneats for same; research same. De"7 -12 Telephone conference with B. Brown 0.30 45.00 KWL regading notice ofpublic hearing for Council consideration of phm; receive and review ad proof Dee-10 -12 Cariaspondence with stuff regarding I*d ad 0.20 30.00 KWL for CRA plan approval. Deo17 -12 Attention to loan issue. 0.40 60.00 AAG Correspondence with T. Morley regarding 0.30 45.00 KWL CRA loan from city; receive and mview basic business terms for same low o ' c ' N IkTj o i T- 0.10 �i IMMEWMI t t• i . ,v 1 1 5.50 40.35 20979A 1 11111111111111111111111111111111111 F I'llillillillllll Jill -1 r t si r t + i t 1 `:77 f�.:•7•: :. :� X1:+7„+1+„7',' ' , f,�.a n:-,: [J + S _;� �••.�•T Jill. • rt Y t. 0 Wit By 'j f at i f �' ij: ►: ii;li' ! is 1 11 IP �. 7.7t7�7:: ii-,JJ :- .•7 .•: �i7 :: ►•• r 4 1 .,1 i�l ` 7 :•:7:a aiio•: � � is V•t•:�: :7{.1 � ,S17t ,1:1 ' :7 11::•:•7115•:: 11 :�•V:,7 ✓7 •:7 s,:- 9 07 : f: i:{'4i 1: ' ! J ilf r..7: { • :7, �, pp .777::, ,: i•f i:f f 1•f '•1 I'{ 8 . r1 t4 :t. r mv'A:' FIN; W3372519 RECEIVED Bj/ C.,ouko at 6:06 pm, 19 ar to ,; IN i i FWW13 ,I..rlt t.I tD bo=fty ,: •r : 0.,20 30A t'r 1 i . Iw 1 f SUNMURY AMONYAGARGANESE 020 $150000 S30AO W. LATORRE 1 F $150400 i i t TV 0 we y�SY..Y��•NR� 55518 r. if 1 L' J r 0 i 0 1 � A tilt �I a ♦:II F:11 •.; 1 � sr:isjl:s 1 �i� T :tl � a r Us s 14 v ` s � 11, ion _ 1111: tll It � [ .; 11 1 ":111 If Le F1 I 1 1 V 111 -I l t Modify C1 ` ►till 1 1 r[1 c= reseamb. tO .1 1 tl F•:1 .• [ ril to Tw II .g 11 1 .' :Ilt 1 1: 10.10.1010 ;_::::::::; : _: ^:: -�.•: . #: s13mW4 1010.. viv:::::`:;: PWOO 594=19 o.2v 301.00 AAA e 1'1 01010 15.00 A,G t /• 1 Ir { � /. t I I T,1010. •....:.:.... Fat& Disbumemenb .....:..,... Pmviouas B"ce ::: 131x40 . r invoice f 57010 Previous Payments Balance Now Due 131.44 $930.00 RECEIVED By E. Bever of 7:z7 am, Jrx/<�Zyry �,', BROWN, GARGANESE, WEISS & WAGRESTA, P.A. ATTORNEYS AT LAW Poet Office Hox2873 Orttmdo, FL n902-2873 (407) 425-9566 (407) 425 -95% FAX c-ma: Cam@orWdolaw.not Websitc wwmorlmdolawnet City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Attention: City Manager RE: Cape Canaveral Community Redevelopment Agency DATE DESCRIPTION August 6, 2013 File #: 513 -054 Inv #: 57395 MN; 59- 3372519 HOURS AMOUNT LAWYER Jul -01 -13 Telephone conference with T. Morley 0.30 45.00 AAG regarding adoption process for loan agreement and review related statutes, Jul -30-13 Telephone conference with A. Apperson 0.20 30.00 KWL regarding CRA meeting items and schedule. Totals 0.50 $75.00 SUMMARY HOURS RATE TOTALFEES ANTHONYAGARGANESE 0.30 $150.00 $45.00 KATHERINE W. LATORRE 0.20 $150.00 $30.00 Total Fee & Disbursements bbd Previous Balance 930.00 Previous Payments 930.00 Balance Now Due M. $75.00 RECEIVED. By E. Bever of 7 25 am, -, 07y 2A7 .ntvrtA.- on of mvoices Rai to Florida Loc Date of Invoice Invoice Nmnber Amount of Invoice Mar 18, 2013 Aug 29, 2013 Orlin ..� • • • $189.77 0006670175 $ 46.49 0006856111 $ 143.28 ZG FLORIDA TODAY floridawda�cnnl CITY OF CAPE CANAVERAL ADVERTISING INVOICE CAPE PUBLICATIONS, INC. MAIN O►►tm 13211 24: 3500 4. BREVARD L INDIAN RIVER: 1 800 633.8.:49 ADVEJUISMG INOUIRIES: (3211 242.3711 - BILL= WOUIRIES (6771283.2403 ADVERT ISI14G FAX: 13211 :426610 ' 8tam rAX:18661 226,7232 PO BOX 326 CAPE CANAVERAL FL 32920 -0326 f lmik You For Your Businesse, A11VI x'1;1 ACCOUNT NUMBER 6CI20 If DUE DATE AMOUNT OUE 04 15113 1 46.49 FORTE I PUB I CLASS I DESCRIPTION ICOLI DEPTK Q, s TOTAL size I RATE I AMDt1NT 0304 0320 0327 0329 PREVIOUS BALA4CE PAYMENT THMK YOU PAYMENT THA %1K YOU 03/29 Xfer Pmt Debit FTC 0066 GiA,wr; -AD #299576, 03/18/20 1 I is, 0 •:;o-3!:` %�',u:• •„ r r r r r r r r r. FLORIDA MDAY fkorids> T0dftcom LF /I D //3 IJOIF00mt ft'M 278.48 109.45 - 2,736.03- 2,567.00 18900 2 5 8 OVER 30 DAYS . 00 OVER 60 DAYS 400 OVER 90 DAYS *00 OVER 120 DAYS . 00 TOTAL DL* 4 6 . 4 9 If you have any questions regarding the charges on this invoice and you wish to Contact us in writing, please send your eman to the fallowing address:' BILLING1140U1R1E5 ®F I.ATODA Y.NE T PLEASE RETURN THIS PORTION WITH YOUR PAYMENT TO: CITY OF CAPE CANAVERAL 6CI209 FLORIDA TODAY PAYMENT CENTER PO BOX 326 P. 0. BOX 677592 CAPE CANAVERAL FL 32920 -0326 DALLAS, TX 75267-7592 6CI2090000000000000000066 701750000464910284 Merited for A daily publication by- City of Cape Canaveral Arm: Mia Goforth PO Box 326 �.. ;�... Cape Canaveral, FL 32920 r_ STATE OF FLORIDA COUNTY OF BREVARD Before the undersigned authority personally appeared BONNIE BERRY, who on oath says that she is LEGAL ADVERTISING SPECIALIST of the FLORIDA TODAY, a newpaper published in Brevard County, Florida; that the attached copy of advertising being a N LEGAL NOTICE Invoiceocor.(�vern5 Acct as published in the FLORIDA TODAY in the issue(s) of: March. 18, 2013 Affiant further says that the said FLORIDA TODAY is a newspaper in said Brevard County, Florida, and that the said newspaper has heretofore been continuously published in said Brevard County, Florida, regularly as stated above, and has been entered as periodicals matter at the post office in MELBOURNE in said Brevard County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affianl further says that she has neither paid nor promised any discount, rebate, commission or refund for the purpose publication in said newspaper. Swomto snd.subsuibed before this: L � RENEEAMBROSE / MY COMOSSION 0 EE122Nd d Ell JM: Ape 29, 2016 Personally Known X or Produced Identification Type Identfftcetlon Produced: Renee Ambrose (Name W Notary Typed. Pmded a Stamped) Gannett NONSAI Invoice 6C I20900000000000D000006856131D002B25a102a7 Page I of I ADVERTISING INVOICEISTATEMENT A late A ate payment lee o11 S %, 18% per annum, will be added to can due amounts RETURN THIS SECTION TO ENSURE PROPER CREDIT, PLEASE MAKE YOUR PAYMENT PAYABLE TO: Florida Today P.O. Box 677592 Dallas, TX 75267.7592 CITY OF CAPE CANAVERAL PO BOX 326 CAPE CANAVERAL, FL 32920 -0326 PLEASE DETACH AND RETURN UPPER PORTION WITH YOUR REMITTANCE NAME CUSTOMER NO I INVOICE NO. 6CI209 0006856111% DUE DATE AMOUNTDUE 9/16/2013 282.58 FOR THE PERIOD THRU 08 /05 /13 09/01113 AMOUNT PAID 9116/2013 ADVERTISING INVOICE /STATEMENT DATE EO7 CLASS DESCRIPTION TIMES RUN DEPTH COL TOTAL RATE AMOUNT 805 819 822 829 FTCL FTCL 0066 0066 PREVIOUS BALANCE PAYMENT THANK YOU O.XX- 201- AD#311896- 8/22/201 1 70.00 2013115 -AD 4312362,08/29/20. 1 72.00 1 110, ja RECEIVED By E. Bever at 8:55 am, Sep 03, 2013 1 70.00 1.99 1 72.00 1.99 656.35 656.35- 139.30 143.28 CURRENT I OVER 30 DAYS OVER 60 DAYS OVER 90 DAYS I OVER 120 DAYS I TOTAL DUE 282.58 .00 .00 .00 -00 1 282.58 SALESPERSON CICALA The rate shown on this Invoke may, be subject to adjustments, upward or downward, at the lalmlrtationn of the current contract year. Lineage for the pmvfovs and current contract Is available upon Written request If there is any error vdlh your advertising ar billing you must rally us within 45 days of publication In order to revive any credll TO ENSURE PROPER CREDIT. PLEASE RETURN TOP SECTION AND INCLUDE YOUR CUSTOMER NUMBER ON REMITTANCE For vour records: CUSTOMER NO. NAME INVOICE NUMBER I AMOUNT PAID 6Cl2D9 CITY OF CAPE CANAVERAL 0006856111 •a& YOUR NUMBER SOURCE FOR NEN6 AND INTERACTION ON THE SPACE COAST. T.ocwnvx. DUE DATE 9116/2013 ADVERTISING INVOICE /STATEMENT htips: / /ssl.summum.com /invoie Vim /Invoice.aspx ?CukcPK5uFOg6aBL 9/32013 Vieu/ Legal Ad# 312362 Print Window Close Window AD0312362.06QM13 NOTICE OF PUBIC !TEARING CAPE CANAVERAL CITY COUNCIL r Y. • • i it 1 I 11 'v 1 11 •.•• • 1 F r 1 a W 0 •n.: W 41 I I • 9 • ♦► • .• • • • • �/ 1+ rl 1 11 • - •.' • It I •1 1 a • " n . •.: • " D 1 •'ti • �• • to • �' a ••• .•1 • • 1 d • ' if I •. 7" RESOLUTION NO. 2011349 A RESOLUTION OF THE CITY COUNCIL OF THE CITY • •"a•• / n r• 1' a • a Y• • • ' I ".• 1•' icl III • I . r . I ]LIffli ;L AD*: 312362 Publication: Ronde Today Ptrst Published: 08 -29 -2013 http://Iegals.flatoday- net /dbtdisplay.htm?cMD=DI S PLAY &ld=85832 Page I of I 8/30/2013 LLEIN Engineering, Inc. Invoice CITY OF CAPE CANAVERAL BARRY BROWN 7510 NORTH ATLANTIC AVENUE CAPE CANAVERAL, FL 32920 Kf :[ •[ 004 1 It :K ,_ t! Invoicc Number: Apri130, 2013 31198 Client 1D: C079B RC: PREPARE DESCRIPTION AND RIMEIVED BY 3obNo.0 130004 CITY OF CAPE GANAVERAL FINANCE DEPT. DATE: �� J Professional Services for the Period Ending February 20, 2013 PREPARE EASEMENT DESCRIPTION AND ILLUSTRATED MAP OF LAND TO BE INCLUDED IN CRA Aged Receivables: 0•a $ 2,955.00 31 -60 DAYS TOTAL AMOUNT DUE b1 =90 DAYS S0000 91 -120 DAYS $ 0.00 +120 DAYS $ 0.00 dJl invaires are dent upon receipt. A late clearge of 1.5"i still be added to any unpaidbalance after 30 dajl& $2,955.00 $2,955.00 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/17/2013 Item No. Subject: Resolution No. 2013 -19; amending the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan to modify the boundaries of the Redevelopment Area to exclude land from the Redevelopment Area, adopting a revised Boundary Map and Legal Description, attached hereto as Exhibit "A "; and incorporating said Map into the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Department: Community and Economic Development Summary: On December 18, 2012, Council adopted the Community Redevelopment Plan including a map of the Community Redevelopment Area boundary. Subsequently, a metes and bounds legal description of the boundary was prepared. During review of the legal description, several errors in the Boundary Map were identified: 1) one county property had been included in the boundary, 2) five parcels were split by the boundary and a parcel must be entirely in or out of the CRA, and 3) other minor anomalies. As such, minor revisions to the Boundary Map were necessary and are reflected in the attached revised Boundary Map. The Community Redevelopment Agency recommended approval of this item prior to the City Council meeting on 9/17/13. Submitting Director: Barry Brown �f' Date: 09/10/2013 Attachment: Resolution No. 2013 -19 with Exhibit A - Revised CRA Boundary Map. Financial Impact: Staff time and effort to prepare this Agenda item. Reviewed by Finance Director: John DeLeo Date: IR 13 The City Manager recommends that the City Counci ke the following action: Approve revised CRA Boundary Map as recommended b the CRA Board. Approved by City Manager: David L. Greene 01>-L Date: /o City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain RESOLUTION NO. 2013=19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL FLORIDA, AMENDING THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY — COMMUNITY REDEVELOPMENT PLAN TO MODIFY THE BOUNDARIES OF THE REDEVELOPMENT AREA TO EXCLUDE LAND FROM THE REDEVELOPMENT AREA, ADOPTING A REVISED BOUNDARY MAP AND LEGAL DESCRIPTION, ATTACHED HERETO AS "EXHIBIT A" AND INCORPORATING SAID MAP INTO THE CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY — COMMUNITY REDEVELOPMENT PLAN; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILTTY, AND AN EFFECTIVE DATE. WHEREAS, in 2012 the City Council created the Cape Canaveral Community Redevelopment Agency ( "Agency ") pursuant to Resolution 2012 -16; and WHEREAS, subsequent to the creation of the Agency and defining the Community Redevelopment Area ( "Area "), several scrivener's errors were discovered on the boundary map depicting the Area; and WHEREAS, the Area boundary, as adopted, inadvertently divided several parcels, which resulted in certain portions of the parcels being included within the Area, while the remainder of the parcels were excluded from the Area; and WHEREAS, one parcel located within unincorporated Brevard County was inadvertently included within the Area; and WHEREAS, the Agency reviewed the proposed amendment to the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan ( "Plan") modifying the Area boundary to correct the aforementioned errors at its joint meeting conducted with the Cape Canaveral City Council on September 17, 2013 and recommended approval of the amendment to the Plan to the City Council; and WHEREAS, the City Council desires to correct these scrivener's errors on the Area map and legal description of the Area by adopting a revised boundary map and legal description, attached hereto; and WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby finds this resolution to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Resolution No. 2013 -19 Pagel of 3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as findings of the City Council of Cape Canaveral. Section 2. Amendment to Agency Plan. The City Council of the City of Cape Canaveral, pursuant to section 163.361, Florida Statutes, hereby amends the Cape Canaveral Community Redevelopment Agency — Community Redevelopment Plan by adopting the revised boundary map and legal description prepared by Allen Engineering, Inc. dated April 2, 2013, attached hereto as "Exhibit A" and expressly incorporated herein by this reference. Section 3. Incorporation into the Agency's Redevelopment Plan. The revised boundary map and legal description adopted in Section 2 shall hereby be deemed fully incorporated into the Agency's Redevelopment Plan and shall be implemented pursuant to the terms and conditions of the Interlocal Agreement and the Community Redevelopment Act of 1969. Section 4. Repeal of Prior Inconsistent Resolutions. All prior, inconsistent resolutions adopted by the City Council are hereby repealed. Section 5. Severability. If any section, clause, phrase, word, or provision 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. Effective Date. This resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [ADOPTION PAGE FOLLOWS] City of Cape Canaveral Resolution No. 2013 -19 Page 2 of 3 ADOPTED at a joint meeting of the City Council and the Community Redevelopment Agency of the City of Cape Canaveral, Florida, assembled this 17th day of September, 2013. ATTEST: Angela Apperson, City Clerk Approved as to form and legal sufficiency For the City of Cape Canaveral only: Anthony A. Garganese, City Attorney Rocky Randels, Mayor John Bond Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Resolution No. 201 3- 19 Page 3 of 3 FOR AGAINST j CRy or Cape Caw" Ca .ty RedwelopmeM Am (CRA) Deacdpfim: 2 lEt.,44g! zv- IS =1 tl� i i z m IL Rol Mi E eering, Inc. 0 �tL rmuP City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/17/2013 Item No. q_ Subject: Award the bid for construction of the New Cape Canaveral Volunteer Fire Department ( CCVFD) Station to W & J Construction Corporation in the amount of $1,993,402.35; authorize the City Manager to execute documents related to same; approve the re- organization of the Council Meeting room to provide office space for two CCVFD Staff in lieu of renting office space during construction and authorize staff to negotiate a loan in lieu of using reserves. Department: Administrative Services Summary: On 1/17/2012 Council approved a Task Order with Baskerville Donovan, Inc. (BDI) for Architectural and Engineering Services related to construction of the new Cape Canaveral Volunteer Fire Department Station. Bids for the Project were received on August 28, 2013. The apparent low bidder, ABBA Construction, withdrew its bid on 9/3113 due to a large mathematical error. BDI reviewed the lowest remaining bid (W &J Construction) and submitted a written recommendation, attached, to award it to same. Staff reviewed the bid and concurs with the recommendation of BDI. Staff anticipates issuing a Notice to Proceed to the contractor as soon as all paperwork is completed; however, demolition of the existing structure will not take place prior to November 1, 2013. This will allow the contractor to begin work on the Project such as preparation of shop drawings, sourcing /ordering materials, etc. During construction, most of the Fire Station personnel, including ambulance staff, will operate from the Port Canaveral fire stations. However, the Assistant Chief /Fire Marshall and Fire Inspector interface with City Staff /citizens on a daily basis and need to remain within the City limits. In lieu of renting office space for them to use during construction, Staff proposes removing the furniture from the City Hall Conference Room, relocating furnishings /equipment from the Council Meeting Room into the Conference Room and allowing the vacated space to be utilized by the Assistant Chief /Fire Marshall and Fire Inspector. The FY 13/14 Budget funds this project using $1,656,328.93 committed as Fire Station Reserve; $67,250.62 of restricted (Fire Rescue Capital Expansion) funds; and $730,839.45 of Unassigned Reserves; totaling $2,454,419 all of which are deposited in to the Capital Construction Fund. The funds paid in excess to W & J Construction Corporation which totals $461,016.65 will be used for interior furnishings and any additional requirements. Given the low interest rates, Staff recommends negotiating a loan for this Project and the projected cost of the City Hall project for a total of 5.5 million dollars. The loan payments will be made using revenue received from sources such as Communication Services Taxes; Utility Taxes, State Shared Revenues and the like. Ad Valorem Taxes would not be pledged for repayment of the loan. The loan documents would be returned to the Council for review prior to execution. Submitting f Director: Angela A person Date: ' /t1 W City Council eeting Date: 09/17/2013 Item No. Page 2 of 2 Attachment: 9/5/13 letter from Baskerville- Donovan, Inc. Financial Impact: $1,993,402.35 to W & J Construction Corporation for construction of the Cape Canaveral Fire Station to be funded through the Capital Construction Fund. Staff time and effort to prepare this Agenda item. q 7 Reviewed by Finance Director: John DeLeo V Date: The City Manager recommends that City Counc I take the following actions: Award the bid for Construction of the New Cape Canaveral Volunteer Fire Department ( CCVFD) Station to W & J Construction Corporation in the amount of $1,993,402.35; authorize the City Manager to execute documents related to same; approve the re- organization of the Council Meeting room to provide office space for two CCVFD Staff in lieu of renting office space during construction and authorize staff to negotiate a loan in lieu of using reserves. Approved by City Manager: David L. Greene t9 `7N- Date: 11100 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain BASKERVILLE =DONOVAN, INC. Innovative Infrastructure Solutions 05 September 2013 City of Cape Canaveral PO Box 326 Cape Canaveral, Florida 32920 Attn: Angela M. Apperson, MMC Assistant City Manager / City Clerk RE: Cape Canaveral Volunteer Fire Department Bid Number 2013 -04 Bidder Recommendation Ms. Apperson: 7155 Murrell Road, Suite 101 Melbourne, Florida 32940 Phone: 321 .254.3663 Fax: 321.254.3255 We have reviewed the bids for the Cape Canaveral Volunteer Fire Department Project and would like to recommend W&J Construction Corporation of Rockledge, Florida be awarded the contract. Several factors have led us to believe contracting with W&J Construction will be in the best interest of the City. With the withdrawal of the apparent low bid by ABBA Construction, Inc., the lowest remaining bid was from W&J Construction Corporation for both the Base Bid ($1,953,538.35) and Base plus Alternate Bid ($1,993,402.35). In addition, W &J Construction received positive comments for their performance on other projects with regards to timeliness, handling of change orders, communication, and quality of work. A bid tabulation summary is included with this recommendation for your review. This is only a recommendation, and contractor selection ultimately lies with the City. Appropriate legal and purchasing staff should review all documents submitted with the bid for conformance with City requirements prior to issuing a final decision. If you have any questions, please feel free to contact me at 321 -254 -3663 x4814. Sincerely, BASKERVILL&DONOVAN, INC. eoeo Kenneth M. Good, PE, LEED AP cc: Nick Gigante, BRPH Pensacola, FL I Panama City Beach, FL I Tampa, FL I Brevard, Fl. I Destin, FL I Tallahassee, FL I Mobile, AL Surveying & Mapping LB - 00003401 Engineering EB - 0000340 1 Landscape Architecture LC — C000126 www.baskervilledonovan.com Baskerville- Donovan, Inc. Page 2 of 2 Cape Canaveral Volunteer Fire Department Bid Number 2013 =04 Bid Tabulation Summary Company Name Base Bid Alternate Bid Total Bid Abba Construction Inc. WITH D AW N2 BY BIDDS 3 Cam Group $2,2051900400 $26,700.00 $21232,600000 Doug Wilson Ent. Inc. $2,029,924.00 $30,628.00 $2,060,552.00 Marand Builders $2,306,609034 $32,886.00 $2,339,495.34 OAC Construction $2,505,925.00 $451750.00 $2,551,675.00 P.W. Hearn Inc. $2,405,598002 $46,195.60 $2,451,793062 SDV Services $2,390,850900 $32,000000 $2,422,850.00 W & J Construction F $ $11993140235 Watauga Company $2,359,184.00 $43,000.00 $2,402,184.00 Pensacola, FL I Panama City Beach, FL I Tampa, FL I Brevard, FL I Destin, FL I Tallahassee, FL I Mobile, AL Surveying & Mapping LB - 00003401 Engineering EB - 0000340 1 Landscape Architecture LC — C000126 www.baskervilledonovan.com