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HomeMy WebLinkAboutAgenda Packet 08-18-2015 CITY OF CAPE CANAVERAL CAPE CANAVERAL CITY COUNCIL MEETING AGENDA Instructions This Meeting is open to the Public. If you would like to speak before the Cape Canaveral City Council, please complete a Speaker Card and give it to the City Clerk/Recording Secretary or other Official/Staff Member in the room. Speaker Cards are located adjacent to the Library Room Entrance. A "reasonable opportunity to be heard" pursuant to Section 286.0114, Florida Statutes, need not occur at the same meeting at which the "board or commission" (or City Council) takes official action on an item. No City Council action will be taken on requests during Public Participation unless determined by the Council to be an emergency. Any other requests for Council action may be placed on the Agenda for a subsequent meeting. 1. Please proceed to the podium when your name is called by the Mayor, Mayor Pro Tem or Meeting Chair. 2. You will have 3 MINUTES to speak before the City Council. 3. Please direct your statements to the Mayor, Mayor Pro Tem or Meeting Chair. PLEASE KEEP CELL PHONES AND OTHER DEVICES SILENT. CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA August 18, 2015 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3)minutes. The City Council will not take any action under the "Public Participation" section of the agenda. The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS / INTERVIEWS: 6:15 p.m. — 6:20 p.m. Proclamation designating Thursday, September 3, 2015 as "Tracey Lynn Bagwell Day". CONSENT AGENDA: 6:20 p.m. — 6:25 p.m. 1. Approve Minutes for Budget Workshop and Regular City Council Meetings of July 21 , 2015. 2. Resolution No. 2015-09; adopting the Brevard County 2015 Local Hazard Mitigation Strategy Multi-Jurisdictional Plan ("Plan"); supporting the County's pursuit of funding opportunities for the Plan; supporting continued participation in the Plan; providing for repeal of prior inconsistent resolutions; severability and an effective date. 3. Award the bid for the Roadway/Parking Lot Striping Project to Whiteleaf, LLC dba Traffic Solutions in the amount of $28,700 and authorize the City Manager to execute the Construction Agreement for same. 4. Approve the purchase of an Emergency Power Standby Generator for Lift Station No. 6 located on Imperial Blvd. in the amount of$41,726. City of Cape Canaveral, Florida City Council Meeting August 18, 2015 Page 2 of 3 5. Resolution No. 2015-10; vacating a portion of Polk Avenue right-of-way depicted and legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference, which shall result in the vacated right-of-way being retained by the City as sole adjoining property owner, providing for repeal of prior inconsistent resolutions, severability, and an immediate effective date. 6. Resolution No. 2015-11; reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (John Fredrickson & Ronald Friedman) 7. Award the bid for the Mowing & Maintenance for FY2015-2016 to SSS Brevard OPCO, LLC. dba Green Leaf Landscaping & Irrigation in the amount of $182,640 and authorize the City Manager to execute the Professional Services Agreement for same. 8. Waive the competitive bidding process for the purpose of extending the term of the existing contract, and approve the Eighth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $41,344 with Black's Spray Service, Inc. and authorize the City Manager to execute same. PUBLIC HEARING: 6:25 p.m. — 6:45 p.m. 9. Ordinance No. 07-2015 (Revised); amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, to revise Article X, A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 10. Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding City Council Elections to fill Councilmember vacancies; providing for conflicts, severability, incorporation into the Code, and an effective date, first reading. REPORTS: 6:45 p.m. — 7:00 p.m. 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. City of Cape Canaveral, Florida City Council Meeting August 18, 2015 Page 3 of 3 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. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 8/18/2015 PRESENTATIONS/INTERVIEWS Subject: Proclamation designating Thursday, September 3, 2015 as "Tracey Lynn Bagwell Day". Department: Legislative Summary: Children's Home Society of America (CHSA) is a national nonprofit leader and advocate dedicated to improving the lives of children and families in America. Children's Home Society of Florida (CHSFL), Brevard Division, is part of their national network of member agencies. CHSFL core services include: adoption, early learning, foster care, family support, child and family counseling, parent education, and advocacy; they are affiliated with several organizations and agencies such as the Florida Department of Health, Florida Department of Children and Families and the United Way to name a few. Tracey Lynn Bagwell was a former caseworker for the Department of Children and Families who had a passion for helping youth in foster care and a belief in the potential of all children and young adults. She dedicated her life and career to serving the children and young adults of Brevard County. In June 2001, Ms. Bagwell's life ended while protecting the children of this community. While the loss of her life was tragic, her legacy has resulted in more than $350,000 raised in support of young people. Members of Tracey Lynn Bagwell's family, extended family and friends will be in attendance to accept the Proclamation designating Thursday, September 3, 2015 as "Tracy Lynn Bagwell Day". Submitting Council Member: Mayor Randels Date: 8-5-15 Attachment: Proclamation Financial Impact: Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/5/15 The City Manager recommends that City Council take the following action(s): Read the Proclamation designating Thursday, September 3, 2015 as "Tracey Lynn Bagwell Day". Approved by City Manager: David L. Greene Date: 8/5/15 [city seal] Official Proclamation City of Cape Canaveral, Florida WHEREAS, Tracey Lynn Bagwell was born on September 3, 1964 in Parkersburg, WV and moved to the Space Coast of Florida in March of 1965; and WHEREAS,Tracey dedicated her life and career to serving the children and young adults of Brevard County; and WHEREAS, she believed in protecting the children of this community; and WHEREAS, Tracey Lynn Bagwell was a former caseworker for the Department of Children and Families,who had a passion for helping youth in foster care and a belief in the potential of all children and young adults,and WHEREAS, Tracey's life tragically ended while protecting the children of this community;and WHEREAS, Ms. Bagwell's legacy has resulted in more than$350,000 being raised to help young people find safety, self-worth and self-sufficiency. NOW, THEREFORE, I, Rocky Randels, Mayor of the City of Cape Canaveral,do hereby Proclaim, Thursday, September 3,2015 as "TRACEY LYNN BAGWELL DAY" and encourage citizens to continue the fundraising efforts supporting the important work started by Tracey Lynn Bagwell. Signed and Sealed this Day of , Mayor CITY COUNCIL BUDGET WORKSHOP MEETING #1 CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 21, 2015 4:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 4:00 P.M, ROLL CALL: Council Members Present: Council Member John Bond Mayor Pro Tern Bob Hoog Council Member Buzz Petsos (4:02 p.m.) Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Clerk Angela Apperson Administrative/Financial Servicesprector John DeLeo Economic Development Director Todd Morley Community Development Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Joyce Muse Public Works Services Deputy Director Jeff Ratliff Infrastructure Maintenance Superintendent Lonnie Dunn Brevard County Sheriff Lieutenant Andrew Walters Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant PUBLIC PARTICIPATION: None DISCUSSION: 1. Proposed Fiscal Year 2015/2016 Budget and Five (5) Year Capital Improvement Plan: Mayor Randels noted the Budget work began prior to May 2015; the Budget Detail was delivered June 12, 2015; a memo explaining variances between FY 14/15 & 15/16 proposed Budgets was received on July 10, 2015; the proposed Budget uses the rolled back rate of 3.4878 mills for the General Government and 0.0635 mills for the Library Dependent Special District. City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 2 of 4 City Manager David Greene's explanation of the Budget included: the use of the combined rolled back rate of 3.5513 mills, which generates the same amount of revenue from last year plus growth; up to a 3% performance based raise for each full-time employee; a $250.00 lump sum appreciation/loyalty bonus for each employee; 45 full- time, 3.8 part-time and 2 seasonal employee positions; the overall positive economic outlook which has created more re-development interest; infill of sidewalk gaps; better markings of bike paths; working with Florida Department of Transportation (FDOT) for changes/improvements to A1A and reduction in speed limit to have an overall emphasis to create a remarkable place and implement the visioning/re-branding initiatives; coming code changes which will trade density for re-development of older properties; continued work to improve effectiveness/efficiency and increased level of gprvice, which will assist to hold costs down; however, any future increase in unfunded mandates may necessitate an increase in revenue; renewal/replacement becoming self-funding; that the City will not see large revenue increases and will be glad to keep up with inflation, that there will be a point in time where we may need to increase revenue; the good relationship with the Port; that there are possibilities to have at least 1 or more connector roads between the Port and City; however, the City will need to take over any portion of the roadway within the City Limits; the challenges that arise from balancing size/scale of new businesses and the desire to have the preferred types of businesses, not just focusing on tourism; being aggressive with code changes to encourage development/re-development; grant funding has been equal to or higher than one year of Ad Valorem revenue; that the Assisted Living Facility Project (ALF) has not moved forward due to financial details; however, some technology businesses and the Port of Call Development are moving forward; other properties are under contract/due diligence for re-development; a belief that the City can accommodate three to five additional hotels/restaurants; the creation of mini-main streets in the north part of the City; the upcoming improvements to North Atlantic Avenue; possible redevelopment of the Oak Manor Trailer Park and the possible need for market based research to assist property owners who may want to sell to development companies. Mayor Randels noted the completion of the new Fire Station, which was proposed since 1985, the refurbishment of the Wastewater Treatment Plant; the planning/design for a new City Hall; and the re-development of several properties to remove older structures and build new/better ones. He also indicated that four of the five County Commissioners support the Coynity Redevelopment Areas. Mayor Pro Tem Hoog indicated the Budget is very aggressive; however he is in favor of what the City is doing and it is great that all the projects are finally happening. He complimented the City Manager and Staff for preparing a Budget which includes items that have been needed for years. Council Member Petsos complimented Staff and the City Manager for the great Budget. He was glad to see it uses the rolled back rate; however, expressed concern that the Budget did not include "set aside" money to continue the slip lining of utility pipes and roadway paving. City Manager Greene indicated the Budget contains approximately City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 3 of 4 $150,000.00 of work within the right-of-way for sidewalks, striping and storm water projects in addition to the "set aside" for future re-paving; sometimes money may need to be transferred from one line to another to place more emphasis on a particular project as the need arises. City Manager Greene spoke of a few roads that are unpaved and other private roads that need to be resurfaced. The last road that needs considerable work is Central Ave and this could happen if the ALF Project begins. He spoke of the policy changes at Space Coast Transportation Planning Organization which have removed the City from additional Complete Street Funding for Central Avenue and the possibilities for borrowing money for that project. He reminded the Council that streets within the Community Redevelopment Area (CRA)would be funded by the CRA. He indicated Staff will continue to look for creative ways to accomplish things. Mr. Greene noted the recommendation for the rolled back rate of 3.5513; however, Staff could reduce the millage rate to 3.5000, if desired by the City Council. Mayor Pro Tern Hoog expressed concern about going less than the rolled back rate. City Manager Greene explained the reduction would be possible because the gas company is installing a new line along N. Atlantic Avenue which will re-work the base and re-pave any portion of the roadway disturbed. Also grant applications will be submitted to NASA and the National Endowment of the Arts for streetscape/street art. He noted the City also has a good shot at a Community Development Block Grant(CDBG)for improvements to Central Avenue if the Assisted Living Facility Project begins. Mayor Randels felt the City could still apply for CDBG Grants because we opted out of the inter-local agreement with the County. City Manager'Greene indicated he is mindful of the possibilities; however, in areas other than Economic Development the City is challenged to meet the CDBG guidelines/regulations. Mayor Randels spoke of a letter written to a possible investor to support the development of the Assisted Living Facility. City Manager Greene indicated there may be some pre- selling of units at Puerto Del Rio for additional development. Council Member Petsos complimented City Manager Greene on his work to leverage funds and get construction projects completed. He expressed concern over lowering the millage rate until an outline of where the cuts would be made was received. City Manager Greene indicated a memo would be forwarded explaining the suggested reduction. Council Member Petsos spoke of percentages listed in the proposed Budget vs. the actual percentage from Budget to Budget and how these variance numbers could be deceiving. City Manager Greene explained construction costs are increasing and expressed concern as to what the bid numbers would be for the New City Hall. City Manager Greene noted the final cost of employee benefits could change because renewals will not be received until after the Budget is adopted; however he is optimistic they will be favorable to the City. He also noted the anticipation of re-imbursement from AT&T and/or their sub-contractor for damage done to utility lines. City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 4 of 4 Council Member Walsh expressed thanks to everyone who worked on the Budget. She felt it was awesome to be at the rolled back rate and now to hear we may be able to go lower. She spoke of the Five Year Capital Improvement Plan that is included in the Budget and how this planning/extending the life of assets is instrumental in planning for the future. She noted the early pay off of a State Revolving Loan and indicated she is hearing so many wonderful things about the City from many people, some of which are Cocoa Beach Residents and snow birds. Council Member Bond thanked everyone for all the work done on the Budget, which is clear, concise and full of capital projects. He was happy the City is among the lowest in the entire County. He urged to stay at the rolled back rate and put anything not used in the bank. He indicated he met extensively with the City Manager to discuss the Budget. City Manager Greene suggested deleting any reference to an August 18th Budget Workshop. Council Consensus was reached not to have an August 18th Budget Workshop. ADJOURNMENT: There being no further business, the Meeting adjourned at 5:11 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, City Clerk CITY COUNCIL REGULAR MEETING #1 CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY July 21, 2015 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 P.M. and led the pledge of allegiance. Council Members Present: Council Member John Bond Mayor Pro Tern Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels Council Member Betty Walsh Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Angela Apperson Administrative/Financial Services Director John DeLeo Economic Development Director, Todd Morley Community Development Director David Dickey Leisure Services Director Gustavo Vergara Public Works Services Director Joyce Muse Public Works Services Deputy Director Jeff Ratliff Infrastructure Maintenance Superintendent Lonnie Dunn Brevard County Sheriff Lieutenant Andrew Walters Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: Mickie Kellum spoke of the work to form a non-profit group to support the preservation of history and possible creation of a park called Ais Village Trail. She read a letter from Alan Brech, Chairman of the Brevard County Historical Commission, which provided an update regarding the archaeological survey occurring on the land owned by B & B Enterprises. Ms. Kellum indicated volunteers are needed to continue the survey and interested individuals may contact her or visit the Ais Village Trail Facebook Page. John Benton expressed displeasure with actions of City Code Enforcement Officer Duree Alexander, City Manager David Greene, Assistant City Attorney Kim Kopp and the Code Enfocement Board. City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 2 of 4 CONSENT AGENDA: Mayor Randels inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for City Council Joint Workshop with the Business & Economic Development Board and Regular City Council Meeting of June 16, 2015: 2. Resolution 2015-07; adopting a tentative proposed millage rate for the levy of Ad Valorem Taxes for Fiscal Year 2015/2016 on all taxable property located within the City of Cape Canaveral, Brevard County, Florida; providing for an effective date: 3. Resolution No. 2015-08; officially naming a previously unnamed private access "Oak Manor Drive", located within the City of Cape Canaveral and more particularly depicted on Exhibit "A" attached hereto; requesting the Board of County Commissioners of Brevard County, Florida, to place the named private access on its official maps of record; providing for recordation; repeal of prior inconsistent resolutions; severability and an effective date: 4. Award the bid for the East and West Central Boulevards Gap Sidewalk Project to Wm. Turnbaugh Construction, Inc. in the amount of $97,618.75 and authorize the City Manager to execute the Construction Agreement for same: 5. Award Contract for construction of Banana River Park Phase 1 Project improvements to Archangel Engineering & Construction, Inc., in the amount of $330,630 and authorize the City Manager to execute the Construction Agreement for same: 6. Approve Design Proposal in the amount of$80,000 to GLE Associates, Inc. (GLE) for Architectural and Engineering Services related to the Infrastructure Maintenance (IM) Building and authorize the City Manager to execute same: A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Walsh, to approve Consent Agenda items one through six. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. PUBLIC HEARING 7. Ordinance No. 06-2015; amending Chapters 50 and 54 of the City Code of Ordinances relating to Recreational Fires; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Mayor Randels noted the first reading occurred on June 16, 2015 and the legal advertisement was published on June 19, 2015. He also indicated the City Manager, the Fire Department, Leisure Services and the Community Development Department recommend approval of the Ordinance. The Public Hearing City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 3 of 4 was opened. Rebecca Rowe asked for clarification of Ordinance purpose,to which Mayor Randels replied. The Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond,for approval of Ordinance No. 06-2015. Council Member Walsh expressed appreciation for the clarity of the new Ordinance and indicated problems with disposing of burnt material would be addressed, should they develop. The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 8. Ordinance No. 07-2015; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, to revise Article X, A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading: Attor arganese read the Ordinance title into the record, noted Planning and Zoning Board ``` z, oval by a five to one vote and provided a brief explanation of the Ordinance. Mayor Randels explained the Ordinance catalyst was the 2009 Visioning Session; in 2012 the Economic Opportunity Overlay District (EOOD) was adopted for a portion of the City along Al A and this Ordinance extends the District further south. The Public Haring was opened. Denis Cogswell expressed concern over expansion to the Northwest, which places part of the Puerto Del Rio Condominium Community in the District and [eaves another portion out of the District. Community Development Director David Dickey explained a mapping error and indicated the boundary will shift to the east to exclude the Puerto Del Rio Condominium Community. City Manager David Greene indicated the Property slated for the Assisted Living Facility will remain in the District to allow the developer more flexibility. Further clarification of the revised District boundary was provided by Community Development Director David Dickey and City Manager David Greene. The Public Hearing was closed. Discussion ensued and included: a second reading/public hearing will occur before final adoption; the amendment to clarify "stair step" within Section 110-585; water front dining in Cl and C2 Zoning Districts and the need to amend this Section to provide clarity for accessary uses; and the clarification of terms. A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve Ordinance No. 07- 2015, on first reading with the suggested revisions. The motion carried 5-0 with voting asllows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. ITEMS FOR ACTION: 9. Authorize removal of a Specimen Tree at 309 Madison Avenue: Mack Moser with Trade Winds Builders answered questions related to the tree removal. Comments/questions included: an explanation that the City Code encourages saving specimen trees and only Council can authorize removal of them; items provided by Trade Winds Builders; the recommendation for approval at a one to one ratio; having additional trees on the property; that the tree has damaged the eaves of the existing structure; support for redevelopment; whether any structure could be built on the parcel if the tree was not removed; that building one unit on the parcel would necessitate removal of more than one-third of the tree canopy, which would most likely kill the tree; that if no I City of Cape Canaveral, Florida City Council Regular Meeting July 21, 2015 Page 4 of 4 redevelopment was taking place, the property owner would have the right to request removal as a hazardous tree and no mitigation would be required; and that the Ordinance requires up to a maximum of two to one ratio for mitigation; however, the Council can require mitigation dollars be paid to the tree bank and in addition to the normal lanscaping package, require one tree, which would grow to become a specimen tree, on each of the four properties. A motion was made by Council Member Bond, seconded by Council Member Walsh, to approve removal of a specimen tree with the two conditions as read (mitigation dollars to be paid to the tree bank and installation of four oak trees on the property). The motion carried 5-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: 41161( Council Member Bond commended Canaveral Fire Rescue & Brevard County Sheriff's Office Personnel for their work at 230 Harbor Drive. Council Member Walsh noted the removal of a dead Sea turtle from the beach; explained why she was not in attendance at the June 16th Council Meeting and indicated that she would not be able to attend the September 22nd Council Meeting due to a trip previously planned prior to the change in meeting schedule. Council Member Petsos requested City Manager Greene introduce the new Staff Member. City Manager Greene introduced Joyce Muse as the Public Works Services Director and provided information about her Oducation and former work life. Mayor Pro Tern Hoog noted the City of Cocoa Beach has re-coated and sand finished their streets. He asked Staff to investigate if this process has merit. City Manager Greene indicated Staff will look at the most recent studies to see if this is the most cost effective method to prolong the ife of a roadway. Mayor Randels thanked those in attendance and noted the Capital Improvement Plan which is a part of the proposed Budget for Fiscal Year 2015/16. ADJOURNMENT There being no further business, the Meeting adjourned at 7:13 P.M. Angela M. Apperson, MMC, Rocky Randels, Mayor City Clerk [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 8/18/2015 Item No. 2 Subject: Resolution No. 2015-09; adopting the Brevard County 2015 Local Hazard Mitigation Strategy Multi-Jurisdictional Plan ("Plan"); supporting the County's pursuit of funding opportunities for the Plan; supporting continued participation in the Plan; providing for repeal of prior inconsistent resolutions; severability and an effective date. Department: Public Works Services Summary: The 2015 Local Hazard Mitigation Strategy Multi-Jurisdictional Plan (LMS Plan) was prepared in cooperation with all Brevard County municipalities and other stakeholders. LMS Plans are developed by governmental agencies to reduce or eliminate the risks associated with natural and man-made disasters and are in accordance with the Disaster Mitigation Act (DMA) of 2000. DMA is a mechanism for collaboration between state and local entities that encourages pre-disaster planning, recognizes the need for mitigation and designates funding for projects through Federal grant opportunities. The Florida Division of Emergency Management Mitigation Planning Unit assists counties in the update and review of the LMS Plan. Without an approved LMS Plan, a county will be unable to apply for many Federal grants, and the LMS Plan must be updated every five years to remain compliant. It is important that the City Council accept and adopt this LMS Plan for the following reasons: • The City is vulnerable to the human and economic costs of natural, technological and societal disasters; • The City recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the community; • The City has been an active participant in the Brevard Prepares LMS Steering Committee, which has established a comprehensive, coordinated planning process to eliminate or decrease these vulnerabilities; • City Staff have identified and justified a number of proposed projects and programs needed to mitigate the vulnerabilities of the City to impacts of future disasters; • The proposed projects and programs have been incorporated into the updated 2015 edition of the Brevard Prepares LMS Plan that has been prepared and issued for consideration and implementation by the communities of Brevard County; • The Brevard County 2015 LMS Plan is in compliance with the local hazard mitigation requirements of Section 322 of the Disaster Mitigation Act of 2000 (DMA2K) as implemented in 44 CFR, Part 201; • Acceptance and adoption of the LMS Plan is necessary in order to maintain eligibility for future hazard mitigation project grant funding; and • Acceptance and adoption obligates the Brevard County Board of County Commissioners to pursue available funding opportunities for implementation of the proposals designated therein. City Council Meeting Date: 08/18/2015 Item No. 2 Page Page 2 of 2 There are literally hundreds of approved mitigation projects "ahead" of approved projects for the City; most are Brevard County projects. Additionally, funds for mitigation projects are typically not available until after major natural disasters; funding of approved mitigation projects can take many years and only if funds are available. Due to this lack of funding, Brevard Prepares recommends that municipalities move forward with their proposed mitigation projects to limit any future impacts from natural disasters. Due to the length of the document, a cover memorandum was prepared and previously forwarded to City Council members that provides a summary of each section of the Report. A copy of the cover memorandum is included as Attachment #1. Resolution No. 2015-09, Attachment #2, lists the LMS Plan as an exhibit. Please note the entire Plan is available in the City Clerk's Office or in the Public Records Portal. Cape Canaveral projects are: Project Status Telephone emergency alert system Blackboard Connect serves as the City's system Emergency generators for lift stations Five lift stations have generators and two generators will be purchased in future years Numerous stormwater upgrades Upgrades included pipe rehabilitation, pipe replacement, installation of six baffle boxes, construction of Type "C" inlets, installation of exfiltration piping and construction of wet detention ponds/dry retention areas Portable lighting generator The City owns two light towers, which can also serve as generators Dredge over 3,000 feet of the Central The City has dredged over 500 feet Ditch of the Central Ditch Submitting Director: Joyce Muse Date: 8/10/2015 Attachments: #1 — Memorandum #2 — Resolution No. 2015-09 (please see City Clerk's Office or Public Records Portal for copy of the Exhibit) Financial Impact: Staff time and effort to prepare this agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/11/15 The CityManager recommends that CityCouncil take the followingaction: 9 Adopt Resolution No. 2015-09. Approved by City Manager: David L. Greene Date: 8/11/15 Attachment 1 Public Works Services Memo TO: Honorable Mayor and City Council Members VIA: David Greene City Manager FROM: Joyce Muse PWS Director DATE: August 4, 2015 RE: Additional Information 2015 Update of the Local Hazard Mitigation Strategy Plan This memorandum provides additional information of the 2015 Update of the Local Hazard Mitigation Strategy (LMS) Plan as prepared by Brevard County Emergency Management. As you are aware, a memorandum was provided to you on Friday, July 24 that described the LMS Plan in less detail; a CD was also attached to the memorandum which included the Executive Summary and complete LMS Plan. Listed below is a further description of each section/appendix of the LMS Plan. LMS Plan Section: 1.1 Acknowledgements: This section acknowledges all stakeholders participating in the preparation of the LMS Plan. Stakeholder's included all municipalities in Brevard County as well as the American Red Cross, Health First, Eastern Florida State College and many other entities with facilities in Brevard County. 1.2 Mission "The mission is to provide Brevard County residents, businesses and industries, non-profit organizations and local governments the education and support necessary to reduce the loss of life and human suffering; to minimize property damage; and to protect environmentally sensitive areas from all types of disasters through a comprehensive, risk-based, all-hazard emergency management program." 1.3 Executive Summary This summary briefly highlights the key points of the LMS Plan and discusses the appropriate measures for acceptance and adoption by local governments and other stakeholders. 1.4 Introduction This section highlights the schedule for the Brevard Prepares process. 1.5 Purpose This section lists and describes the many purposes of the LMS Plan including: • Provide a Methodical, Substantive Approach to Mitigation Planning; • Enhance Public Awareness; • Create a Decision Tool for Management; • Promote Compliance with State and Federal Program Requirements; • Enhance Local Policies for Hazard Mitigation Capability; • Assure Inter-Jurisdictional Coordination of Mitigation-Related Programming; and • Create Jurisdiction-Specific Hazard Mitigation Plans for Implementation. In general, the LMS Plan presents the detailed information supporting these purposes. 1.6 The LMS Task Force: Brevard Prepares This section describes the local jurisdictions and organizations participating in the LMS Plan and describes the organizational structure used to complete the planning process. All voting members of the Brevard Prepares Steering Committee are shown on Page LMS-10. The remainder of the section describes the role of the Steering Committee and the mitigation project initiative review process. 1.7 Plan Maintenance This section describes how Brevard Prepares will continue to update and improve the mitigation process. It further includes the group's activities to monitor implementation of the LMS Plan, to evaluate the effectiveness of the implemented mitigation initiatives and to strive to continually engage the community in the planning process. 1.8 Hazard Identification and Vulnerability Assessment This is one of the key sections of the report since it describes the results of the Vulnerability Analysis for each of the governmental agency stakeholders. The purpose of the Vulnerability Assessment is to use the best available data and technology to identify and evaluate potential hazard risks facing Brevard County, as well as provide the factual basis for mitigation activities proposed in the LMS Plan that aim to reduce those risks. To complete the Vulnerability Assessment, information was used from the following: • Asset inventories; • Demographics; • Topography; and • Land use and Development Trends. This section presents an excellent summary of all development trends in Brevard County. Maps are also presented that show development trends to 2060. The development trend for the City of Cape Canaveral (City) is described on page LMS-26 and states: "During the planning period, there has not been significant change in vulnerability in Cape Canaveral since approximately 10% of the land remains to be developed. Redevelopment of existing properties is occurring more frequently than development on vacant land. The City's Future Land Use Element limits residential development throughout the City to 15 units per acre including in the Coastal High Hazard Area (CCHA). Cape Canaveral has implemented a Community Redevelopment Agency and an Al A Economic Opportunity Overlay District, and maintains a Brownfields Redevelopment Program which were developed to increase the pace of future development and redevelopment." The table presented on page LMS-37 lists the hazards identified that may impact Brevard County. The following hazards were selected as the main hazards of concern and are described in detail: • Wind; • Storm surge; • Sea level rise; • Flood; • Tornadoes; • Thunderstorms/lightning; • Extreme temperatures; • Drought; • Wildfire; • Agricultural infestation and disease; • Hazardous materials; • Coastal erosion; • Tsunami; and • Dam/levee failure. The jurisdictional hazard ranking for Cape Canaveral is: (1) high winds, (2) storm surge and (3) lightning. 1.9 Mitigation Goals, Objectives, and Actions This section describes the four major goals and objectives established by Brevard Prepares for the mitigation plan: • The disaster-resistant economy will be strengthened; • Local government in partnership with the community will continue to develop, implement and maintain effective mitigation plans; • The health, safety and welfare of our disaster-resistant community will be maintained; and • Public education will be enhanced to increase the level of disaster awareness. Brevard Prepares also uses a benefit-to-cost ratio, which expresses the estimated benefits of mitigation projects in comparison to the estimated costs to implement and maintain the proposed mitigation initiative. 1.10 Plan Integration This section presents the variety of methods available for participating jurisdictions to integrate the information from the mitigation plan with other important plans and programs including: • Comprehensive Plan/Evaluation and Reports; • Emergency Management Plan; • Capital Improvement Plan; • Operations and Maintenance Plan; • Stormwater Management Plan; • Economic Development Plan; • Related planning and training programs (e.g., for emergency response personnel); and • Public education and information programs. Appendices: 1.11 Appendix I—Initiative/Project Listing This appendix contains a listing of all approved mitigation initiatives/projects (some projects date to the 1990s). Tables of all projects are included on pages I-145 to I-162; Cape Canaveral projects are listed on page I-157 and include: • Telephone emergency alert system; • Emergency generators for lift stations; • Numerous stormwater upgrades; • Portable lighting generator; and • Dredge over 3,000 feet of the Central Ditch. Brevard County has, by far, the most approved mitigation projects. 1.12 Appendix II—Brevard Prepares Bylaws This appendix includes a description of the Brevard Prepares bylaws and voting members of Brevard Prepares. 1.13 Appendix 111—Meeting Documentation This appendix presents meeting minutes from selected Steering Committee Meetings. 1.14 Appendix 1V—Vulnerability Maps and Data by Jurisdiction This appendix presents numerous excellent maps that show the following hazards (vulnerability maps) for each jurisdiction: • Flooding; • Fire; and • Wind. Cape Canaveral maps are shown on pages IV-208 through IV-211. 1.15 Appendix V—Mitigation-Related Strategies & Mechanisms by Jurisdiction Mitigation-Related Policies & Programs by Jurisdiction This appendix presents descriptions of mitigation-related strategies for each jurisdiction. The Cape Canaveral section is described on pages V-280 and V-281 and states: Public Works Sen'ices Department "The Public Works Services Department is responsible for maintaining infrastructure throughout the City including (1) operation of the wastewater treatment plant, (2) maintaining the sanitary sewer system (lines and lift stations), (3) maintaining roadways, sidewalks and pedways and (4) maintaining the stormwater system. This Department is also responsible for hurricane preparedness and post-storm disaster operations; selected Staff are members of the City's Disaster Response Teams. The main building at the wastewater treatment plant was recently "hardened" and will serve as one of the City's two Emergency Operations Centers for post-storm disaster operations." Community Development Department "The Community Development Department includes the Building, Code Enforcement and Planning and Zoning Divisions. The primary responsibility of this Department is to ensure that development and redevelopment projects are consistent with the City's Code of Ordinances, the Comprehensive Plan and Land Development Regulations. In addition, the City has adopted the latest Flood Zone Maps and updates to the Florida Building Code. This Department also oversees the activities of the Community Redevelopment Agency and Brownfields Redevelopment Program." Leisure Sen'ices Department "This Department promotes the establishment and good stewardship of public parks and recreational areas. Selected public parks have been identified and approved by Florida Department of Environmental Protection as debris storage areas during post-storm disaster operations. This Department is responsible for post-storm disaster operations at the City's public parks." Fire Department "Cape Canaveral contracts annually with the Cape Canaveral Volunteer Fire Department for fire-fighting, rescue, advanced life support and fire inspection services. This Department provides the same services to the Canaveral Port Authority and the unincorporated area of Avon-by-the-Sea. The City recently completed the construction of a new $2 million Fire Station which will also serve as one of the City's two Emergency Operations Centers for post-storm disaster operations. The Fire Department works closely with County, State and Federal disaster relief organizations to meet the needs of residents during post-storm recovery operations." Police Department "Cape Canaveral contracts annually with the Brevard County Sheriff's Office (BCSO) to provide police protection services. BCSO also provides the same services to the Canaveral Port Authority and the unincorporated area of Avon-by-the-Sea. The Cape Canaveral Precinct is supervised by a Precinct Major and utilizes community policing techniques to remain in close contact with businesses and residents. BCSO also provides supervision and equipment during post-storm disaster operations to ensure the safety and well-being of City residents." 1.1.6 Appendix VI—Critical Facilities Vulnerability Matrix This appendix lists critical facilities in all jurisdictions and vulnerabilities. 1.1.7 Appendix VII—Adoption of Local Mitigation Strategies This appendix presents a proposed resolution for adoption by each of the jurisdictions. Acceptance and Adoption of LMS Plan It is important that the City Council accept and adopt this LMS Plan at a future Council Meeting for the following reasons; • The City is vulnerable to the human and economic costs of natural, technological and societal disasters; • The City recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the community; • The City has been an active participant in the Brevard Prepares LMS Steering Committee, which has established a comprehensive, coordinated planning process to eliminate or decrease these vulnerabilities; • City Staff have identified and justified a number of proposed projects and programs needed to mitigate the vulnerabilities of the City to impacts of future disasters; • The proposed projects and programs have been incorporated into the updated 2015 edition of the Brevard Prepares LMS Plan that has been prepared and issued for consideration and implementation by the communities of Brevard County; • The Brevard County 2015 LMS Plan is in compliance with the local hazard mitigation requirements of Section 322 of the Disaster Mitigation Act of 2000 (DMA2K) as implemented in 44 CFR, Part 201; • Acceptance and adoption of the LMS Plan is necessary in order to maintain eligibility for future hazard mitigation project grant funding; and • Acceptance and adoption obligates the Brevard County Board of County Commissioners to pursue available funding opportunities for implementation of the proposals designated therein. However, please be aware that there are literally hundreds of approved mitigation projects "ahead" of approved projects for Cape Canaveral; most are Brevard County projects. Additionally, funds for mitigation projects are typically not available until after major natural disasters; funding of approved mitigation projects can take many years and only if funds are available. Due to this lack of funding, Brevard Prepares recommends that municipalities move forward with their proposed mitigation projects to limit any future impacts from natural disasters. Please contact Public Works Services should you have any questions or require additional information. cc: Planning and Zoning Director Attachment 2 RESOLUTION NO.2015-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE BREVARD COUNTY 2015 LOCAL HAZARD MITIGATION STRATEGY MULTI-JURISDICTINOAL PLAN ("PLAN"); SUPPORTING THE COUNTY'S PURSUIT OF FUNDING OPPORTUNITIES FOR THE PLAN; SUPPORTING CONTINUED PARTICIPATION IN THE PLAN; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is vulnerable to the human and economic costs of natural,technological and societal disasters; and WHEREAS, the City of Cape Canaveral recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the community; and WHEREAS, the Brevard County 2015 Local Hazard Mitigation Strategy Multi-Jurisdictional Plan("Plan") was prepared in cooperation with all Brevard County municipalities and other stakeholders to reduce or eliminate the risks associated with natural and man-made disasters; and WHEREAS, Brevard Prepares, a group that provides a forum for public officials, private firms and the public to develop strategies to prepare for disasters, was crucial to the development of the Plan; and WHEREAS, the City of Cape Canaveral has been an active participant in Brevard Prepares, which has established a comprehensive, coordinated planning process to eliminate or decrease the vulnerabilities associated with natural and man-made disasters;and WHEREAS, the City of Cape Canaveral has identified a number of proposed projects and programs needed to mitigate the vulnerabilities of the City of Cape Canaveral to impacts of future disasters; and WHEREAS, these proposed projects and programs have been incorporated into the Plan for consideration and implementation by the communities of Brevard County;and WHEREAS, the Plan is in compliance with the applicable local hazard mitigation requirements of Section 322 of the Disaster Mitigation Act of 2000 and 44 C.F.R,Part 201; and WHEREAS, approval and adoption of the Plan is necessary in order to maintain eligibility for future hazard mitigation project grant funding; and WHEREAS, the City Council deems it is in the best interests of public health, safety, and welfare of the citizens of Cape Canaveral to accept and adopt the Plan. 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 deemed true and correct and are hereby fully incorporated herein by this reference. City of Cape Canaveral Resolution No.2015-09 Page 1 of 2 Section 2. Adoption of Brevard County 2015 Local Hazard Mitigation Strategy Multi- Jurisdictional Plan. The City Council of the City of Cape Canaveral hereby approves and adopts the Brevard County 2015 Local Hazard Mitigation Strategy Multi-Jurisdictional Plan, attached hereto as "Exhibit A". Section 3. Pursue Funding Opportunities. The agency personnel of the Brevard County Board of County Commissioners are requested and instructed to pursue available funding opportunities for implementation of the proposals designated in the Plan. Section 4. Continued Participation. The City of Cape Canaveral will continue to participate in Brevard Prepares to update and expand the Plan. Section 5. Encouragement of Others. The City Council of the City of Cape Canaveral will further encourage other businesses, industries and community groups within Brevard County to also participate in Brevard Prepares to support the Plan. Section 6. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 8. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in regular meeting of the City Council of the City of Cape Canaveral, Florida, this 18th day of August,2015. ATTEST: ROCKY RANDELS, Mayor Angela Apperson,City Clerk Name For Against John Bond Robert Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to Form: Anthony A.Garganese,City Attorney City of Cape Canaveral Resolution No. 2015-09 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/18/2015 Item No. 3 Subject: Award the bid for the Roadway/Parking Lot Striping Project to Whiteleaf, LLC dba Traffic Solutions in the amount of $28,700 and authorize the City Manager to execute the Construction Agreement for same. Department: Public Works Services Summary: Public Works Services (PWS) invited qualified Contractors in accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for performing roadway/parking lot striping services at various locations throughout the City. The main purpose of the Project is to improve vehicular, pedestrian and bicyclist safety. The proposed improvements, many of which will be funded with Community Redevelopment Agency (CRA) funds, are as follows: West/East Central Boulevard (SR A1A to Ridgewood Avenue): • Remove(grinding)and replace approximately 11,000 linear feet of thermoplastic denoting existing bike lanes—widen bike lanes to six feet from back of curb with 6-inch diameter thermoplastic and include additional bike lane stenciling. Ridgewood Avenue Pedway: • Place approximately 1,300 linear feet of thermoplastic (8-inch diameter) delineating western right-of-way of Ridgewood Avenue on asphalt parking lots at seven locations; and • Place approximately 700 linear feet of thermoplastic (8-inch diameter) delineating the end of bike lanes at Grant Avenue and directing bicyclists to the Ridgewood Avenue pedway. Canaveral City Park: • Place approximately 2,500 linear feet of reflective paint (4-inch diameter) delineating parking lot stalls and four handicap stalls. Other future vehicular, pedestrian and bicyclist safety improvements will include new signage, new sidewalks, etc. Three sealed bids were received and opened at the WWTP Training Room on August 4, 2015. PWS Staff analyzed the submittals and recommends the City contract with Whiteleaf, LLC dba Traffic Solutions (Whiteleaf) which provided the low bid in the amount of $28,700. A summary of the bids submitted is included as Attachment #1. Reference checks performed by Staff with three references regarding several recent similar type projects completed by Whiteleaf revealed positive responses. Existing Whiteleaf clients include Palm Beach County, Martin County and the Town of Jupiter. The proposed Construction Agreement is included as Attachment #2. Submitting Department Director: Joyce Muse Date: 08/05/15 Attachment: #1 - Bid Summary #2 - Construction Agreement City Council Meeting Date: 08/18/2015 Item No. 3 Page 2 of 2 Financial Impact: $28,700 for the Roadway/Parking Lot Striping Project to Whiteleaf, LLC dba Traffic Solutions funded by the Infrastructure Maintenance Fund ($13,905) and Community Redevelopment Agency ($14,795). Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/15 The City Manager recommends that City Council take the following action: Award the bid for the Roadway/Parking Lot Striping Project to Whiteleaf, LLC dba Traffic Solutions in the amount of $28,700 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene Date: 8/6/15 Attachment #1 Bid Summary City of Cape Canaveral Bid Tally Sheet-Roadway/Parldng Lot Striping Project-No. 2015-10 Firm Location Bid Amount D.H. Striping Oviedo, FL $47,855.00 Traffic Control Products Tampa, FL $41487.00 White Leaf d/b/a. Traffic Solutions Ft. Pierce, FL $28,700.00 Page 1 of 1 Attachment #2 Construction Agreement Bid#2015-10 Cape Canaveral, Florida CONSTRUCTION AGREEMENT This Agreement made this day of , 2015 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation(herein referred to as CITY)and Whiteleaf, LLC dba Traffic Solutions, a Florida Department of Transportation (FDOT) certified company in Pavement Marking and Roadway Signing and authorized to do business in the State of Florida(herein referred to as CONTRACTOR),as follows: 1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of improvements to several roadways/parking lots, as set forth in the Scope of Services,attached hereto as Exhibit"A",and fully incorporated by this reference("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement and Drawings prepared by the City; Bid#2015-10; Contractor's Bid Submittal; General Conditions by the City;and all Change Orders approved by the City after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement;Contractor's Bid Submittal; b. Change Orders; c. General Terms and Conditions;or d. Drawings. Any inconsistency in the work description shall be clarified by the CITY and performed by the CONTRACTOR. 4. AGREEMENT INTERPRETATION -At its discretion, during the course of the work, should any errors, ambiguities or discrepancies be found in the Agreement or specifications,the CITY at its sole discretion will interpret the intent of the Agreement and work descriptions and the CONTRACTOR hereby agrees to abide by the CITY's interpretation and agrees to carry out the work in accordance with the decision of the CITY.When the material,article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material,article or equipment being provided without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME-The CONTRACTOR shall begin work within thirty(30)days after the issuance of a written Notice to Proceed and shall complete the Work by September 30, 2015. Extensions, if any, are authorized by City,and may only be granted in writing. 6. LIQUIDATED DAMAGES - CITY and CONTRACTOR recognize that time is of the essence of this Agreement and that CITY will suffer financial loss if the Work is not substantially complete within the time specified in Paragraph 5 above, plus any extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by CITY if the Work is not substantially completed on time. Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one City of Cape Canaveral/Contractor Page 1 of 9 Bid#2015-10 Cape Canaveral, Florida hundred dollars ($100.00) per day for each day that expires after the time specified in Paragraph 5 for final completion until the work is finally complete, and that CITY has paid to CONTRACTOR the consideration of ten($10.00)dollars as consideration for this provision. 7. CONTRACT PRICE, UNIT PRICE CONTRACT - The CITY will pay the CONTRACTOR in current funds for the performance of the work,subject to additions and deductions by Change Order,the Total Contract Price of twenty eight thousand,seven hundred dollars and zero cents($28,700.00).Payments will be made to the CONTRACTOR for actual quantities installed on the basis of the Schedule of Unit Prices included as a part of the Bid, which shall be as fully a part of the Contract as if attached or repeated herein. 8. TERMINATION; DEFAULT BY CONTRACTOR AND CITY'S REMEDIES - The CITY reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, for convenience. Further, the CITY reserves the right to revoke and terminate this Agreement in the following circumstances, each of which shall represent a default and breach of this Agreement: a. CONTRACTOR defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within seven(7)calendar days after written notice from the CITY specifying the default complained of unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within seven(7)calendar days, in which case the CONTRACTOR shall have such time as is reasonably necessary to remedy the default, provided the CONTRACTOR promptly takes and diligently pursues such actions as are necessary therefore;or b. CONTRACTOR is adjudicated bankrupt or makes any assignment for the benefd of creditors or CONTRACTOR becomes insolvent,or is unable or unwilling to pay its debts;or c. CONTRACTOR has acted negligently,as defined by general and applicable law,in performing the Work hereunder;or d. CONTRACTOR has committed any act of fraud upon the CITY;or e. CONTRACTOR has made a material misrepresentation of fact to the CITY while performing its obligations under this Agreement;or f. CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right, or remedy CITY may have under this Agreement. Notwithstanding the aforementioned, in the event of a default by CONTRACTOR, the CITY shall have the right to exercise any other remedy the CITY may have by operation of law, without limitation, and without any further demand or notice. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. 9. FORCE MAJEURE-Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes (except involving CONTRACTOR's labor force); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty days, either party may terminate this Agreement. City of Cape Canaveral/Contractor Page 2 of 9 Bid#2015-10 Cape Canaveral, Florida 10. SEVERABILITY-In the event any portion or part thereof of this Agreement is deemed invalid, against public policy, void or otherwise unenforceable by a court of law, the parties, at the sole discretion and option of the CITY, shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise be fully enforceable 11. PROGRESS PAYMENTS - CITY shall make progress payments on account of the contract price to CONTRACTOR, on the basis of application for payments submitted to the CITY or CITY's Project Manager, by CONTRACTOR as the work progresses and in accordance with the Contract Documents. Progress payments may be withheld if: a. Work is found defective and not remedied; b. Contractor does not make prompt and proper payments to subcontractors; c. Contractor does not make prompt and proper payments for labor, materials, or equipment furnished him; d. Another Contractor is damaged by an act for which Contractor is responsible; e. Claims or liens are filed on the job;or f. In the opinion of the City of Cape Canaveral,Contractor's work is not progressing satisfactorily. 12. FINAL PAYMENT - CITY shall withhold up to 10% of the Contract Price throughout the project in accordance with the Local Government Prompt Payment Act ("Act"). After 50% completion of the project, CITY shall reduce to 5%the amount of the retainage withheld from each subsequent progress payment made to the CONTRACTOR unless the project is subject to Federal funding, in whole or in part,and the project is subject to laws and regulations contrary to the Act.The term"50%completion of the project" shall mean the point at which the CITY has expended 50% of the total cost of the construction services purchased under this Agreement together with all costs associated with existing change orders and other additions or modifications to the construction services provided for in this Agreement.After 50%completion, the Contractor may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage. The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty(30)days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed,or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments,CITY does not waive claims including but not limited to those relating to: a. Faulty work appearing after substantial completion has been granted; b. Work that does not comply with the Contract Documents; c. Outstanding claims of liens;or d. Failure of Contractor to comply with any special guarantees required by the Contract Documents. City of Cape Canaveral/Contractor Page 3 of 9 Bid#2015-10 Cape Canaveral, Florida 13. DESIGNATION OF PROJECT MANAGER OR ARCHITECT OR LANDSCAPE ARCHITECT: DUTIES AND AUTHORITY-The duties and authority of the CITY are as follows: a. General Administration of Contract. The primary function of the CITY is to provide the general administration of the contract.In performance of these duties, or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Progress Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction, or for the sequences,methods and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections.The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress, and any such inspections shall not waive CITY's claim regarding defective work by Contractor. d. Interpretation of Contract Documents: Decisions on Disputes.The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Rejection and Stoppage of Work. The CITY shall have authority to reject work which in its opinion does not conform to the Contract Documents, and in this connection may stop the work or a portion thereof,when necessary. f. Payment Certificates.The CITY will determine the amounts owing to CONTRACTOR as the work progresses, based on CONTRACTOR's applications and CITY's inspections and observations, and will issue certificates for progress payments and final payments in accordance with the terms of the Contract Documents. 14. PROGRESS MEETING—CITY's Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the CITY, during the term of work entered into under this Agreement. CONTRACTOR's Project Manager and all other appropriate personnel shall attend such meetings as designated by the CITY's Project Manager. 15. RESPONSIBILITIES OF CONTRACTOR - CONTRACTOR's duties and rights in connection with the project herein are as follows: a. Responsibility for Supervision and Construction. CONTRACTOR shall be solely responsible for all construction under this contract, including the techniques, sequences, procedures and means,for the coordination of all work.CONTRACTOR shall supervise and direct the work,and give it all attention necessary for such proper supervision and direction. b. Discipline and Employment. CONTRACTOR shall maintain at all times strict discipline among his employees, and he agrees not to employ for work on the project any person unfit or without sufficient skill to perform the job for which he was employed. c. Furnishing of Labor, Materials, etc. CONTRACTOR shah provide and pay for all labor, materials and equipment, including tools,construction equipment and machinery,utilities, including water, transportation, and all other facilities and work necessary for the proper completion of work on the project in accordance with the Contract Documents. City of Cape Canaveral/Contractor Page 4 of 9 Bid#2015-10 Cape Canaveral, Florida d. Payment of Taxes: Procurement of Licenses and Permits.CONTRACTOR shall secure all licenses and permits necessary for proper completion of the work, paying the fees thereof. CONTRACTOR warrants that it (and subcontractors or tradesmen, if authorized in the Contract Documents) hold or will secure all trade or professional licenses required by law for CONTRACTOR to undertake the contract work. e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year after acceptance by CITY. 16. ASSIGNMENT-CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the CONTRACTOR shall indemnify, hold harmless and defend the CITY, its officers,agents,officials,representatives,employees,and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal, which the CITY may hereafter sustain, incur or be required to pay, arising out of, wholly or in part, or due to any act or omission of CONTRACTOR, its agent(s), vendors, contractors, subcontractor(s), representatives, servants or employees in the execution, performance or non-performance or failure to adequately perform CONTRACTOR's obligations pursuant to this Agreement. The indemnification provided above shall obligate the indemnifying party to defend at its own expense or to provide for such defense,at the sole option of the CITY,as the case may be,of any and all claims of liability and all suits and actions of every name and description that may be brought against the CITY, its officers, agents, officials, representatives, employees, and/or attorneys which may result from the services under this Agreement whether the services be performed by the indemnifying party or anyone directly or indirectly employed or hired by them. In all events the CITY shall be permitted to City of Cape Canaveral/Contractor Page 5 of 9 Bid#2015-10 Cape Canaveral, Florida choose legal counsel of its sole choice, the fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are reasonable. This paragraph shall survive termination of this Agreement. 21. SAFETY - CONTRACTOR shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, contractors, and agents while performing work provided hereunder. 22. CORPORATE REPRESENTATIONS BY CONTRACTOR - CONTRACTOR hereby represents and warrants to the CITY the following: a. CONTRACTOR is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned signatory for CONTRACTOR has the power, authority, and the legal right to enter into and perform the obligations set forth in this Agreement and all applicable exhibits thereto, and the execution, delivery, and performance hereof by CONTRACTOR has been duly authorized by the board of directors and/or president of CONTRACTOR. In support of said representation, CONTRACTOR agrees to provide a copy to the CITY of a corporate certificate of good standing provided by the State of Florida prior to the execution of this Agreement. c. CONTRACTOR is duly licensed under all local, state and federal laws to provide the work stated in paragraph 1.0 herein. In support of said representation, CONTRACTOR agrees to provide a copy of all said licenses to the CITY prior to the execution of this Agreement. 23. BOND—A bond is not required for this Project. 24. INSURANCE - During the term of this Agreement, CONTRACTOR shall be responsible for providing the types of insurance and limits of liability as set forth below. a. The CONTRACTOR shall maintain comprehensive general liability insurance in the minimum amount of $2,000,000 as the combined single limit for each occurrence to protect the CONTRACTOR from claims of property damages which may arise from any Work performed under this Agreement whether such Work is performed by the CONTRACTOR or by anyone directly employed by or contracting with the CONTRACTOR. b. The CONTRACTOR shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $1,000,000 property damage as the combined single limit for each occurrence to protect the CONTRACTOR from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non- owned automobiles, including rented automobiles whether such operations be by the CONTRACTOR or by anyone directly or indirectly employed by the CONTRACTOR. c. The CONTRACTOR shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by law and Employer's Liability Insurance in the minimum amount of$1,000,000 for all of its employees performing Work for the CITY pursuant to this Agreement. Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement.A copy of a current Certificate of Insurance shall be provided to the CITY by CONTRACTOR upon the Effective Date of this Contract which satisfies the insurance requirements of this paragraph 24. Renewal certificates shall be sent to the CITY 30 days prior to any expiration date.There shall also be a 30-day advance written notification to the CITY in the City of Cape Canaveral/Contractor Page 6 of 9 Bid#2015-10 Cape Canaveral, Florida event of cancellation or modification of any stipulated insurance coverage. The CITY shall be an additional named insured on all stipulated insurance policies as its interest may appear, from time to time,excluding workers'compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation.The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County, Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees,whether at settlement,trial or on appeal. 28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid,to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees,or agents,during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, Contractor 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. Contractor 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. Contractor 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. Contractor 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, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor 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 Contractor 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 Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the City of Cape Canaveral/Contractor Page 7 of 9 Bid#2015-10 Cape Canaveral, Florida 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 Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City,for enforcing this Paragraph against Contractor. 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 Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 31. SOVEREIGN IMMUNITY - 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 under Section 768.28, 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). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES -Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING -CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized ovemight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other address,of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral David L.Greene,City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: 321-868-1220 Phone: City of Cape Canaveral/Contractor Page 8 of 9 Bid#2015-10 Cape Canaveral, Florida Fax: 321-868-1248 Fax: Either party may change the notice address by providing the other party written notice of the change. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. WITNESSES: CONTRACTOR: By: Print Name: Print Name: Title: Print Name: CITY: City of Cape Canaveral,Florida, a Florida municipal corporation. Attest: By: David L. Greene,City Manager By: Angela Apperson, City Clerk Date City of Cape Canaveral/Contractor Page 9 of 9 City of Cape Canaveral [city seal] City Council Agenda Form CityCouncil MeetingDate: 8/18/2015 Item No. 4 Subject: Approve the purchase of an Emergency Power Standby Generator for Lift Station No. 6 located on Imperial Blvd. in the amount of$41,726. Department: Public Works Services Summary: The installation of an emergency power standby generator will be used for the loss of electrical power to Lift Station No. 6 located on Imperial Blvd. This will maintain uninterrupted sanitary sewer service for this portion of the City during power outages. Lift Station No. 6 is currently being replaced to service the new Homewood Suites Hotel and future developments in the northern portion of the City. The purchase of this Tradewinds Power Corporation generator is part of an ongoing Program to install emergency power standby generators at key lift stations throughout the City. Generators were previously installed at Lift Station Nos. 1, 2, 3, 4 and 9. An emergency generator is also scheduled for installation at Lift Station No. 7 in FY2015- 2016 as part of scheduled lift station replacement activities. The emergency power standby generator is a cooperative purchase through the Florida Sheriffs Association, Contract No. 14-12-0904, Spec#62. Submitting Director: Joyce Muse Date: 7/31/2015 Attachment: Tradewinds Power Corporation Bid Package Financial Impact: $41,726 to purchase an Emergency Power Standby Generator for Lift Station No. 6 located on Imperial Blvd. funded by the Wastewater Fund. Staff time and effort to prepare agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/3/15 The City Manager recommends that City Council take the following action: Approve the purchase of an Emergency Power Standby Generator for Lift Station No. 6 located on Imperial Blvd. in the amount of$41,726. Approved by City Manager: David L. Greene Date: 8/3/15 Attachment Tradewinds Power Corporation Bid Package TRADEWINDS POWER CORP Filters Pump Sets 600 St. Road 66 • Sebring, Florida 33875 Power Units Tel 863-382-2166 • FAX 863-382-1206 Generator Sets www.tradewindspower.com • www.perkinspower.com Automatic Engine Controls TO: City Of Cape Canaveral P.O.Box 326 Quotation#JC10889Q Cape Canaveral, FL 32801 July 28 2015 Tel:321-868-1240 Att:Mr.Jeff Ratliff Email: j.ratliff@clyofcapecanaveral.org We are pleased to offer this Quotation as detailed below Amount Description Each Extended Install Price for 30Kw Generator on Lift Station#6 1 Model TT600 Automatic Transfer Switch was Awarded to Tradewinds under 4,920 4,9201 No.14-12-0904,Spec#064. -1 Cost Deduct to Model TT600 Automatic Transfer Switch was Awarded to -4920 -4,9201 Tradewinds Under No.14-12-0904,Spec#064 Enclosed Contact Power Switching Units: *Fully enclosed silver alloy contacts provide high withstand rating& 100% continuous current rating. *3 cycle short circuit current withstand tested allows use of non-series rated upstream protection devices. *completely separate utility and generator side switching units provide superior reliability through redundancy(no common parts),as well as excellent serviceability power switching units can incorporate over current protection. *not damaged if manually switched while in service since contacts have inherent spring over center design. Reliable Motor-Operated Transfer Mechanism: *heavy duty brushless gear motor and operating mechanism provide mechanical interlocking and extreme long life with minimal maintenance *safe manual operation permits easy operation even under adverse conditions. Superior Serviceability *all mechanical control devices are visible and read accessible *all control wires and power busses are front accessible Control Features *TSC-80 microprocessor base controller *Isolation plug permits disconnecting control circuits from all power sources for safety and convenience. Safety Standards *UL 1008 Automatic Transfer Switches for use in Emergency Systems *CSA C22.2 No. 178 Sub total for cost of transfer switch $0.00! Delete option-IT100-150-FS.This value is deleted from the awarded switch to -4,828 determine the net cost per amp for the installation($4.920.00-$4,828.00=$92.00) Installation of transfer switch and generator from main power. Excludes Permitting fees and power company fees other than electrical permit drawings. Includes Generator Slab, underground conduits and feeders from existing main to disconnect on generator,Underground conduits and feeders from generator back to control panel. Spare conduits and wires for scada system wiring. Size of quoted automatic transfer switch is 100 amps Total cost for install is determined by multiplying size of ATS x cost per AMP. (100 x$92.00)for install. 9,200 Cost deduct due to site specific location of equipment and the ability to reuse -1,714 7,4861 customer existing wiring,conduit,and Transfer Switch. Sub Total, FOB our warehouse, Miami, Florida 7,486; Onsite Start-up and building load test Inc. Inc. Total 7,4861 State&Local Tax as Applicable Estimated completion date from receipt of generator: 10 Weeks Price Validity: 45 days; 15%Cancellation Charge for Restocking. Wire-Transfer: Tradewinds Power Corp Division of Southeast Diesel Corp F/B/O Wells Fargo Bank Acct# 4945741023 ABA#121000248 John Carey _ TRADEWINDS POWER CORP Filters Pump Sets 600 St. Road 66 • Sebring, Florida 33875 Power Units Tel 863-382-2166 • FAX 863-382-1206 Generator Sets www.tradewindspower.com Automatic Engine Controls TO: City Of Cape Canaveral P.O.Box 326 Quotation#JC10889Q Cape Canaveral, FL 32801 July 28 2015 Tel:321-868-1240 Att:Mr.Jeff Ratliff Email: j.ratliff@clyofcapecanaveral.org City of Cape Canaveral List Station 6 We are pleased to offer this Quotation as detailed below Amount Description Each Extended 1 Model TP125 Base Awarded Tradewinds Generator Set under FSA contract 37,361 37,361 No.14-12-0904,Spec#62 Cost deduct for Model T30-TP-FS Tradewinds Generator Set Package; -3,121 -3,121 30 KW(37 KVA)Standby,27 KW(34 KVA)Prime Power 120/240 Volts[reoonnectable],60 Hz,Three Phase,0.8 Power Factor Amp Load Capacity:90;Load Bank tested. Perkins Diesel engine,Model 404D-22TG @ 1800 RPM complete with 12 Volt Electrics,Radiator&Guard 284PSL1742 Brushless Single Bearing Alternator with PMG and DVR 2000 Automatic Voltage Regulator, Space Heaters& Vibration Mounts Tradewinds Deluxe Digital Instrument/Control Panel with Safety Shutdowns Complete with DC Voltmeter,Hour meter,Oil and Temperature Gauges Frequency Meter,Ammeter&Voltmeter with Phase Selector Switch,Engine Cool Down Timer,Remote"E"Stop Contacts, Remote Auto Start Control,Low Fuel Level Alarm,J-1939 Code readout, NFPA 110 Compliant,On/off Switch, 3 D.C.Breakers, 1 A.C.Breaker,and Emergency Push Button. Optional Equipment included in above pricing: Battery Rack and Cables Battery Charger installed and wired to duplex electrical box that is wired to incoming service feed with fuses. Critical Silencer mounted in front of package with vertical discharge Stainless Steel Flex Exhaust Connection Initial fill of oil and antifreeze Water and Oil drain lines with brass ball valves located inside enclosure. Heavy Duty Canister Type Air Cleaner Jacket Water Heater,Thermostatically controlled installed and wired to Duplex electrical box that is wired to incoming service feed with fuses. 120 gal,Double Wall, UL Approved Subbase Fuel Tank With Leak Detection Mechanical fuel level gauge,low fuel level alarm and sender,internal fuel fill, and all other necessary fittings with corrosion resistant finish. Total-Pac Enclosure constructed from a continuous roof, .090 aluminum, White powder coat paint,stainless steel hardware,and keyed alike doors. Generator control panel and Transfer switch controls in single panel A. (1)100amp,Thomson Open Style Transfer Gen Switch B. (2)100 amp,Circuit Breaker Type,Service Disconnects Switches, NEMA 4x rated,Both mounted on Right hand side as viewed from rear. Full Load Factory test One(1)complete operation and maintenance manual Two(2)year,standard standby warranty Sub Total,FOB our warehouse,Miami,Florida 34,240 Onsite Start-up and building load test Inc. Inc. Delivery to Cape Canaveral,FL Curbside Inc. Inc. Total 34,240 State&Local Tax as Applicable Estimated Shipping date from receipt of order: 10-12 Weeks Price Validity: 45 days;15%Cancellation Charge for Restocking. Wire-Transfer: Tradewinds Power Corp Division of Southeast Diesel Corp F/B/O Wells Fargo Bank Acct# 4945741023 ABA#121000248 John Carey City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 8/18/2015 Item No. 5 Subject: Resolution No. 2015-10; vacating a portion of Polk Avenue right-of-way depicted and legally described in Exhibit "A", attached hereto and fully incorporated herein by this reference, which shall result in the vacated right-of-way being retained by the City as sole adjoining property owner, providing for repeal of prior inconsistent resolutions, severability, and an immediate effective date and legal status if challenged. Department: Economic Development Summary: Resolution No. 2015-10 (attachment 1) vacates the portion of the Polk Ave. right-of-way specified in the attached Exhibit "A" (attachment 2). This area will become part of the new City Hall Plaza area, shown on the City Hall Site Plan (attachment 3). Once vacated, the area will be incorporated into a larger replat of City- owned parcels and ultimately closed to vehicular travel. As a standard precautionary measure, Section 5 contains an automatic voiding provision should the vacation be successfully challenged to ensure the property shall remain City right-of-way. The entire replat area will consist of contiguous parcels from Polk Ave. north to Tyler Ave., and from S.R. A1A east to include City-owned 110 Polk Ave. (attachment 4). Driveway and stormwater permits will be secured as necessary from FDOT and SJRWMD. Polk Ave. property owners will be notified that the roadway will be closed to vehicular travel, as it will dead-end west of the intersection of Polk Ave. and Poinsetta Ave. The City Engineer has reviewed the vacation documents and recommends approval (attachment 5). Submitting Department Director: Todd Morley Date: 8/5/2015 Attachments: #1 — Resolution No. 2015-10 #2 — Exhibit "A" #3 — City Hall Site Plan #4 — Re-plat Survey #5 — City Engineer Recommendation email Financial Impact: Costs to prepare the survey, legal description and Resolution. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/6/15 The City Manager recommends that City Councillake the following action: Approve Resolution No. 2015-10. Approved by City Manager: David L. Greene Date: 8/7/15 Attachment 1 RESOLUTION NO.2015-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; VACATING A PORTION OF THE POLK AVENUE RIGHT-OF- WAY DEPICTED AND LEGALLY DESCRIBED IN EXHIBIT "A," ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, WHICH SHALL RESULT IN THE VACATED RIGHT-OF-WAY BEING RETAINED BY THE CITY AS SOLE ADJOINING PROPERTY OWNER, PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE AND LEGAL STATUS IF CHALLENGED. WHEREAS, the City is currently involved in platting the site for a newly constructed City Hall in accordance with the goals, policies and objectives stated in the City's Comprehensive Plan and City Code; and WHEREAS, the new City Hall site is of substantial public importance to the City and its citizens;and WHEREAS, the City of Cape Canaveral desires to cease using a portion of Polk Avenue for vehicular traffic and desires instead to utilize such property for other City purposes including but not limited to pedestrian access;and WHEREAS, under Florida law, when a street is lawfully vacated, title to the area vacated vests in the adjoining property owners; See Smith v. Horn,70 So.435(1915);and WHEREAS, the City of Cape Canaveral is the only adjoining property owner on both sides of the portion of the Polk Avenue right-of-way to be vacated;and WHEREAS, the City does not need the vacated right-of-way to provide connectivity of roadways or to handle anticipated traffic,but requires the property for other City purposes;and WHEREAS, the City Council of the City of Cape Canaveral finds that this Resolution is in the best interests of the public health,safety,and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Vacation of Ri ht-of-Way Authorized. The City Council hereby authorizes the vacation of the portion of Polk Avenue Right-of-Way, which is legally depicted and described in Exhibit "A,"attached hereto and fully incorporated herein by this reference. Said vacation shall lawfully result in the City retaining all interest in said vacated right-of-way,as the only adjoining property owner. City of Cape Canaveral Resolution No.2015-10 Page 1 of 2 Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 4. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Effective Date and Legal Status if Challenged. This Resolution shall become effective immediately upon adoption by the City Council of the City of Canaveral. However, if any interested party challenges this vacation of right-of-way or attempts to claim a reversionary interest in the subject property because of this Resolution and prevails on such challenge or claim, this Resolution shall automatically be deemed void ab initio without further action of the City Council and shall have no force or legal effect. If deemed void ab initio,the subject property shall remain City right-of-way. RESOLVED by the City Council of the City of Cape Canaveral Florida in a regular meeting assembled on day of ,2015. CITY OF CAPE CANAVERAL Rocky Randels,Mayor ATTEST: Angela Apperson,City Clerk FOR AGAINST John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to form and legal sufficiency for the City of Cape Canaveral only: Anthony A.Garganese,City Attorney City of Cape Canaveral Resolution No.2015-10 Page 2 of 2 Exhibit "A" to Resolution No. 2015-10 Attachment 2 [construction plans] Exhibit "A" to Resolution No. 2015-10 [construction plans] [construction plans] Attachment 3 [construction plans] Attachment 4 Attachment 5 From:John Pekar[mailto:johnpekarpe@gmail.com] Sent:Tuesday,August 04, 2015 9:05 AM To:Todd Morley<T.Morley@cityofcapecanaveral.org> Subject: Re: City Engineer review requested Todd: We have reviewed the information provided and have no exceptions and/or comments related to the boundary and topo and vacating a portion of the Polk Ave. ROW. We recommend approval. John A. Pekar, PE On Thu, Jul 30, 2015 at 11:12 AM, Todd Morley <T.Morley@cityofcapecanaveral.org> wrote: Good Morning John, As you may recall, the City is vacating a portion of the Polk Ave. ROW (attached) for the new City Hall project. Once that is approved, the vacated portion of the Polk Ave. ROW will be blended into the new City Hall property via re-plat. At the same time we will be including the City owned parcels north and east of the new City Hall site—all rolled into one plat (see attached). The P&Z Board is scheduled to hear the preliminary re-plat item at its August 26th meeting. Please review both of the attachments and provide comments and/or an approval memo at your earliest convenience. Thanks! Todd Todd Morley,Director Economic Development Dept. City of Cape Canaveral 105 Polk Ave. P.O.Box 326 Cape Canaveral,FL 32920 (321)868-1220 x 330 t.morley@cityofcapecanaveral.org www.cityofcapecanaveral.org "If it is to be,it is up to me" [city seal] City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 8/18/2015 Item No. 6 Subject: Resolution No. 2015-11; reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (John Fredrickson & Ronald Friedman) Department: Legislative Summary: The terms for Planning and Zoning Board Members John Fredrickson and Ronald Friedman will expire September 15, 2015. Both expressed a desire to continue serving on the Board for three year terms (see attached Expiration Notices). Dr. John Fredrickson has been serving on the Board since December 7, 1994. Additionally, he serves as the School Board Representative to the City of Cape Canaveral Local Planning Agency. This reappointment will be the last of the two consecutive full terms allowed by City Code; he will not be eligible to serve on the Planning and Zoning Board for one year. Mr. Friedman has served on the Board since January 7, 2007. His reappointment will be the last of the two consecutive full terms allowed by City Code; he will not be eligible to serve on the Board for one year. Resolution No. 2015-11 outlines the terms of appointment (see attached). It is now incumbent upon the City Council to reappoint each to said Board. Submitting Department Director: Angela Apperson Date: 8/10/2015 Attachments: Expiration Notices and Resolution. No. 2015-11. Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: The City Manager recommends that City Council ke the following action: Adopt Resolution No. 2015-11. Approved by City Manager: David L. Greene Date: 8/11/15 City of Cape Canaveral [city seal] August 3,2015 Dr. John Fredrickson 8716 Croton Court Cape Canaveral, FL 32920 Dear Dr. John: Your term on the Planning and Zoning Board will expire on September 15,2015. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped,self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for August 18. 2015 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) JOHN FREDRICKSON, Board Member Sincerely, Angela M. Apperson, MMC City Clerk Encl: SASE 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 City of Cape Canaveral [city seal] August 3,2015 Ronald Friedman 742 Bayside Drive. #405 Cape Canaveral, FL 32920 Dear Mr. Friedman: Your term on the Planning and Zoning Board will expire on September 15,2015. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3-year term and return this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped,self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for August 18. 2015 (i•oin•presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) RONALD FRIEDMAN, Board Member Sincerely. Angela M. Apperson, MMC City Clerk Encl: SASE 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 RESOLUTION 2015-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-3 established a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Members to said Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to Planning and Zoning Board pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Cape Canaveral Board indicated below: John Fredrickson and Ronald Friedman shall be reappointed to the Planning and Zoning Board, to serve until September 15, 2018. Following completion of their second terms, the appointees shall not be eligible for reappointment to the Planning and Zoning Board for an additional term consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. 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. 2015-11 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 18th day of August, 2015. ROCKY RANDELS, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2015-11 Page 2 of 2 City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 08/18/2015 Item No. 7 Subject: Award the bid for the Mowing & Maintenance for FY2015-2016 to SSS Brevard OPCO, LLC. dba Green Leaf Landscaping & Irrigation in the amount of $182,640 and authorize the City Manager to execute the Professional Services Agreement for same. Department: Public Works Services Summary: Public Works Services (PWS) recently re-bid for mowing and landscape maintenance services. The re-bid was done because additional tasks are now required by the City such as, but not limited to, slope mowing of stormwater ponds (Manatee Sanctuary Park and the wastewater treatment plant), maintaining the Ridgewood Streetscape, additional mowing requirements at several sports fields, etc. The current contractor is JB's Lawn Control, Inc. The City advertised this bid opportunity on June 25, 2015 by posting a legal ad in the Florida Today newspaper. A mandatory pre-bid meeting was held at the WWTP Training Room on July 7, 2015 to ensure that bidders understood the scope of work. Two (2) bid submittals were received and publicly opened at the WWTP Training Room on July 30, 2015. PWS Staff analyzed the bids (Attachments 1 & 2) and recommends the City contract with Green Leaf Landscaping & Irrigation (Green Leaf) for the next year of mowing and landscape maintenance services (Attachment 3). Green Leaf provided the lowest bid in the amount of $182,640. Staff discovered three math errors in Green Leaf's original bid amount of $181,892; Green Leaf wishes to stand by the corrected bid amount of $182,640. The other bid provided by JB's Lawn Control, Inc was in the amount of$207,092. Staff visited Green Leaf's facility in Melbourne, Florida; interviewed Company's employees and examined its equipment/maintenance shop capabilities. Staff believes they are capable of performing the project tasks. Reference checks conducted with Brevard County, City of Cocoa Beach, Wuesthoff Hospital, Indian River Colony Club and Viera East Golf Community revealed positive responses concerning Green Leaf. The Contract Period is October 1, 2015 to September 30, 2016. Five, one-year renewals are allowed based upon the quality of services provided and if approved by both the City and Contractor. A Proposed Professional Services Agreement is included as Attachment 4. Submitting Department Director: Joyce Muse Date: 08/10/2015 Attachments: #1 — Bid Review Documentation #2 — Bid Tally Sheet #3 — Green Leaf Landscaping & Irrigation's Bid #4 — Proposed Professional Services Agreement City Council Meeting Date: 08/18/2015 Item No. 7 Page 2 of 2 Financial Impact: Funds are provided from (1) Infrastructure Maintenance (General Fund), (2) Leisure Services (General Fund), (3) Library Fund, (4) Wastewater Fund and (5) Stormwater Fund; Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/11/15 The City Manager recommends that City Council take the following actions: Award the bid for the Mowing & Maintenance for FY2015-2016 to SSS Brevard OPCO, LLC. dba Green Leaf Landscaping & Irrigation in the amount of $182,640 and authorize the City Manager to execute the Professional Services Agreement for same. Approved by City Manager: David L. Greene Date: 8/11/15 Evaluation Sheet For Selection of Mowing and Maintenance Contractor - Bid 2015-09 Company Name Green Leaf JB's (Alphabetical Listing) Evaluation Criteria Evaluator: Team Summary References 4.25 3.5 0 0 0 Experience 4 3 0 0 0 Staff 4.25 2.75 0 0 0 Equipment 4 3 0 0 0 Licenses/Certifications 3.75 4 0 0 0 Insurance 4 3.25 0 0 0 Quality of Submittal 3.5 3.5 0 0 0 Drug Free Work Place 3.25 3.75 0 0 0 Cost 3.5 2.5 0 0 0 Company Location 3.5 3.25 0 0 0 TOTAL SCORE 38 32.5 0 0 0 Ratin :(5)Exceptional,(4)Above Requirements,(3)Average,(2)Below Requirements,(1)Major Deficiencies,(0)No Response. Attachment 1 City of Cape Canaveral Bid Tally Sheet-Mowing&Maintenance Corrected 8/6/15 Bid No.2015-09 WWTP Training Room 601 Thurm Boulevard Thursday,July 30,2015 (2:15 PM) Firm Location Bid Amount Green Leaf Landscaping & Irrigation Melbourn, FL 32940 $182.640.00 8/6/15 JB's Lawn Control, Inc Titusville, FL 32780 $207,092.00 Page 1 of 1 Attachment 3 Corrected Green Leaf 8/6/15 Landscaping & irrigation 2800 Allen Hill Ave. Melbourne.FL 32940 Profile of Green Leaf Landscaping do Irrigation • M&M Professional Grounds Maintenance (15 years in the industry) merged with Green Leaf Lawn Maintenance, Inc., (12 years in the industry)to form SSS Brevard OPCO LLC, dba Green Leaf Landscaping & Irrigation, in June of 2015, allowing us to provide 27 years of combined experience to our Customers. • Green Leaf's Vision: "To be Recognized as the Number One Professional Grounds Maintenance Company in terms of Quality and Service in Brevard and Indian River Counties". • Green Leaf currently employs over 150 full-and part-time uniformed lawn maintenance technicians. We have 26 crews,each with dedicated Crew Leaders and Supervisors, with 36 high production lawn mowers and over 125 specialized power tools to fulfill our client's needs day-in and day-out. We have certified lawn maintenance techs on staff,and a full-time Mechanical Technician on duty who maintains the equipment and sharpens mower blades daily for the best cut possible for our customers. • We have a dedicated trimming crew for our commercial properties. Separating Detail Crews from Mowing Crews provides specific focus for the crews and allows us to maximize quality service from our highly skilled crew leaders. • We can provide full arbor, landscape, mulching and irrigation services for our customers upon request(Licensed Irrigation contractor in Brevard County 10-IR-CT-00101). • We provide services for a wide range of clients, including residential properties, industrial sites, business parks, commercial properties and multi-family housing. • Green Leaf also maintains extensive in-house equipment repair capability, providing our organization with timely repairs to limit equipment downtime. • We attribute the success of our company to our highly skilled leadership team and our outstanding employees. Office: 321-242-1180 Fax: 321-253-3426 Email: progrounds@msn.com Green Leaf Landscaping & Irrigation 2800 Allen Hill Ave. Melbourne.FL 32940 Insurance, Licences and References: Thank you for considering Green Leaf Landscaping & Irrigation. Green Leaf is a fully insured and licensed lawn maintenance contracting company. We carry general liability, property damage and worker's compensation insurance with a $1,000,000 per occurrence limit. Our uniformed lawn maintenance technicians service all of Brevard County and the surrounding areas. We are proud to provide a reference list for our potential customers so you can see examples of our quality work for yourselves. The reference list is as follows: Wuesthoff Hospital Viera East Golf Community 2005 to present 2007 to present Full service lawn maintenance Full service lawn maintenance Sandy Hiatt John Gates 110 Longwood, Rockledge, FL 32955 2300 Clubhouse Dr.,Viera, FL 32955 321-636-2211 X5533 321-6394500 sandy.hiatt@hma.com johngates@cfl.rr.com Indian River Colony Club City of Cocoa Beach 2007 to present 2012 to present Full service lawn maintenance Full service lawn maintenance Dennis Rhone Ben Cook 1936 Freedom Dr., Melbourne, FL 32940 PO Box 322430, Cocoa Beach, FL 32932 321-750-1383 321-868-3293 Brevard County 2013 to present Full service lawn maintenance Mary Bowers—April Chapman 2725 Judge Fran Jamison Way, Viera, FL 32940 321-633-2050 mary.bowers@brevardcounty.us Office: 321-242-1180 Fax 321-253-3426 Email: progrounds@msn.com City of Cape Canaveral Mowing and Landscape Maintenance BID #2015-09 TAB SHEET BID AREA I TIMES PER LANDSCAPED AREAS UNIT COST YEAR TOTAL COST ADDRESS/NOTES City Hail,BCSO,Canaveral Fire and City Hall-105 Polk Ave. A Rescue,Community end Economic Development,Limary BCSO Precinct-111 Polk Ave. Canaveral Fire and Rescue Dowing Operations $ 80.00 44 $3,520.00 190 Jackson Ave Hedge Manning $ 114.00 11 $1368.00 Community and Economic Development-110 Polk Ave. Palm Trimming(57.((45IM;12 Lb]) $ 530.00 1 5 530.00 Library-201 Pok Ave. B Recrealion Complex Mowing Operations $ 85.00 44 $ 3,740.00 7300 N.Atlantic Ave. (SR A1A) Hedge Trimming $ 280.00 12 $ 3,360 00 Palm Trimming(20) $ 200.00 1 $ 200.00 C Xeriscape Park Mowing Operations $ 40.00 44 $ 1,760.00 South Side of City Hall (105 Pok Ave.)between Polk and Hedge Trimming $ 45.00 12 $ 540.00 Taylor Avenues Palm Trimming(4) $ 40.00 1 $ 40.00 D Veteran's Memorial Park Mowing Operations $ 45.00 44 $ 1,980.00 Adjacent to library Fledge Trimming 1 30.00 12 $ 360.00 (201 Polk Ave.) Palm Trimming(6) $ 60.00 1 $ 60.00 1 Page 1 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID#2015-09 TAB SHEET BID AREA I (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS YEAR E Bennix Park Mowing Operations $60.00 44 $2640.00 Washington Ave. Hedge Trimming $120.00 12 $1440.00 (Between N. Atlantic Ave. and) Palm Trimming (30) $300.00 1 $300.00 Rosalind Ave.) F Canaveral & Canaveral Beach Blvds. (Medians Only) Mowing Operations $110.00 44 $4840.00 Hedge Trimming $150.00 12 $180.00 Palm Trimming (98) $980.00 1 $980.00 G East Central (Medians Only) and West Central (Medians and Tree Lines) Mowing Operations $220.00 44 $9680.00 Hedge Trimming $75.00 12 $900.00 Palm Trimming (106) $1060.00 1 $580.00 H Cape View Elementary Tree Line and Kindergarten Mowing Operations $40.00 44 $1760.00 Cape View Elementaty School Palm Trimming (17) $170.00 1 $170.00 (8840 Rosalind Ave.) Page 2 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID#2015-09 TAB SHEET BID AREA I (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS YEAR I Harbor Heights (Medians Only) Mowing Operations $25.00 44 $1,100.00 Harbor Dr. Hedge Trimming $35.00 12 $420.00 (Off N. Atlantic Ave.) Palm Trimming (4) $40.00 1 $40.00 J 401 N. Atlantic Ave. Mowing Operations $40.00 44 $11,880.00 Landscaped Triangle Area Hedge Trimming $45.00 12 $540.00 K Canaveral City Park and Ball Park Mowing Operations $270.00 44 $11,880.00 7920 Orange Ave. Infield Mowing $45.00 88 $3960.00 Hedge Trimming $40.00 12 $480.00 Palm Trimming (144) $1440.00 1 $1,440.00 [illegible], Top Dressing, and [illegible] $2300.00 1 $2300.00 L Center Street Park and Streetscape Mowing Operations $35.00 44 $1540.00 West End of Center St. Hedge Trimming $25.00 12 $300.00 (Off N. Atlantic Ave.) Palm Trimming (19) $190.00 1 $190.00 M Mowing Operations $20.00 44 $880.00 N. Atlantic Ave. Hedge Trimming $20.00 12 $240.00 (Between Grant Ave. and Johnson Palm Trimmming (9) $90.00 1 $90.00 Ave.) Page 3 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID#2015-09 TAB SHEET BID AREA I (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS YEAR N SR A1A Landscaped Easement Areas Christ Lutheran Church - 7511 N. Atlantic Ave. Mowing Operations $100.00 44 $4400.00 Center St. - 7077 N. Atlantic Ave. (Two areas north and south of Center St. on SR A1A) Hedge Trimming $55.00 12 $660.00 Area immediately north of 6395 N. Atlantic Ave and south of Cape Shores Dr. South Palm Trimming (35) $350.00 1 $350.00 6121 N. Atlantic Ave. O Patriot's Park Mowing Operations $45.00 44 $1,980.00 East End of Longpoint Rd. Hedge Trimming $40.00 12 $480.00 (West Side of N. Atlantic Ave.) Palm Trimming (21) $210.00 1 $210.00 P Columbia Drive (Medians Only) Mowing Operations $75.00 44 $3,300.00 Medians Only Hedge Trimming $81.00 12 $972.00 Palm Trimming (9) $90.00 1 $90.00 Q Thrum Boulevard (Medians Only) Mowing Operations $55.00 44 $2,420.00 Medians Only Hedge Trimming $40.00 12 $480.00 Palm Trimming (14) $140.00 1 $140.00 Page 4 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID#2015-09 TAB SHEET BID AREA I (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS YEAR R Manatee Park Mowing Operations $240.00 44 $10,560.00 701 Thrum Blvd (Park is located on Palm Trimming (238) $2,380.00 1 $2,380.00 river just north of Water Reclamation Edging of Exercise [illegible] $100.00 12 $1,200.00 Plant) S Banana River Park Mowing Operations $80.50 44 $3,542.00 Palm Trimming (38) $380.00 1 $380.00 T North City Entrance Sign A1A $25.00 44 $1,100.00 North end of Cape Canaveral on west Hedge Trimming $38.00 12 $456.00 side of Astronaut Blvd. Palm Trimming (6) $60.00 1 $60.00 U N. Atlantic Ave. Entrance Sign Mowing Operations $25.00 44 $1,100.00 North end of Cape Canaveral on west Hedge Trimming $38.00 12 $456.00 side of N. Atlantic by port Palm Trimming (14) $140.00 1 $140.00 entrance V Ridgewood Ave. Mowing Operations $300.00 44 $13,200.00 Redevelopment project running Hedge Trimming $150.00 12 $1,800.00 parallel to oceanfront from Palm Trimming (106) $1,060.00 1 $1,060.00 East Central to Johnson Ave. Page 5 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID#2015-09 TAB SHEET BID AREA II UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY YEAR A N. Atlantic Ave North entrance sign to landscaped Mowing Operations $250.00 24 $6,000.00 triangle area (underdeveloped areas Palm Trimming (61) $610.00 1 $610.00 only) B East Central Blvd - From N. Atlantic East to Ridgewood Ave. Mowing Operations $200.00 24 $4,800.00 (Underdeveloped areas only) Palm Trimming (60) $600.00 1 $600.00 C West Central Blvd - From Thurm Blvd East to N. Atlantic Ave. Mowing Operations $45.00 24 $1,080.00 (Underdeveloped areas only) Palm Trimming (39) $390.00 1 $390.00 D Beach End Streets (Harbor Heights to Johnson Ave.) Mowing Operations $30.00 24 $720.00 E Harbor Heights/Harbor Dr. Stormwater Retention Mowing Operations $45.00 24 $1,080.00 Harbor Dr. (Off N. Atlantic Ave.) F Oak Lane Mowing Operations $45.00 24 $1,080.00 G SR A1A East side and west side Mowing Operations $110.00 24 $2,640.00 (undeveloped areas only) H Thurm Blvd From SR A1A on east side to West Mowing Operations $220.00 24 $5,280.00 Central Blvd on the north side (To Palm Trimming (32) $320.00 1 $320.00 the wall of the Discovery Bay Development) Page 6 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID#2015-09 TAB SHEET BID AREA II (Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY YEAR I Church Lane Mowing Operations $12.00 24 $288.00 From SR A1A to N. Atlantic Ave. J Jefferson/Poinsetta Ave. Mowing Operations $15.00 24 $360.00 Right-of-way along underdeveloped lot K Washington/Poinsetta Ave. Mowing Operations $15.00 24 $360.00 Right-of-way along underdeveloped lot L Madison/Magnolia Ave. Mowing Operations $12.00 24 $288.00 Right-of-way along underdeveloped lot M Buchanan/Orange Ave. Mowing Operations $12.00 24 $288.00 Right-of-way along underdeveloped lot N Canaveral Blvd $18.00 24 $432.00 Right-of-way on the north side of Mowing Operations $18.00 24 $432.00 Canaveral Blvd. in front of the gated development Page 7 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID#2015-09 TAB SHEET WATER RECLAMATION PLANT AND LIFT UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES STATIONS YEAR A Water Reclamation Plant Mowing Operations $350.00 44 $15,400.00 601 Thurm Blvd. B Lift Stations See attached list and map for Mowing Operations $120.00 44 $5,280.00 locations BID AREA IV - MOWING SLOPE MOWING OF UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES CENTRAL DITCH AND OTHER AREAS YEAR A Central Ditch LOCATION: North and South of West Mowing Operations $600.00 12 $7,200.00 Central Blvd. from Port to SR A1A B Stormwater Pond - Manatee Park Mowing Operations $75.00 42 $3,150.00 LOCATION: 701 Thurm Blvd. C Stormwater Ponds - Plant Mowing Operations $45.00 42 $1,890.00 LOCATION: 601 Thurm Blvd. Page 8 of 9 City of Cape Canaveral Mowing and Landscape Maintenance BID #2015-09 TAB SHEET BID #2015-09 TAB SHEET GRAND TOTAL BID AREA I - LANDSCAPED AREAS $123,104.00 8/6/15 BID AREA II - RIGHTS-OF-WAY $26,616.00 BID AREA III - WATER RECLAMATION PLANS AND LIFT STATIONS $20,680.00 BID AREA IV - MOWING SLOPE MOWING OF CENTRAL DITCH AND OTHER AREAS $12,240.00 GRAND TOTAL OF BID AREAS I, II, III, and IV $182,640.00 8/6/15 VENDOR INFORMATION NOTES: COMPANY NAME: Green Leaf Landscaping & Irrigation COMPANY REPRESENTATIVE: Dan Russell MAILING ADDRESS: 2800 Allen Hill Ave. Melbourne, FL 32940 PHONE: OFFICE: 321-242-1180 MOBILE: 321-890-5662 Page 9 of 9 Arbor Services Years Eacuvetto, Leonard 1.00 Redwine, Christopher 2.00 Redwine, CJ 2.00 Redwine, Craig 15.00 Stallworth, Zerrick 8.00 Whitmire, Chris 7.00 World, Demeitrios 1.00 Supervisors Years McGuire, Pat 25.00 Russell, Danny 25.00 Stigall, Sydney 3.00 Wiechakiski, William 3.00 Weber, Edward 10.00 Fertilization Years Baxter, Derwante 4.00 Burgett, Brooks 12.00 Landreth, Montana 1.00 Landscape Years Angel, Rudalfo 8.00 Bautsia 2.00 Hernandez, Pedro 5.00 Jaimes, Emilia 5.00 Salgoero, Edwin 5.00 Savoy, James 3.00 Maintenance Years Britt, Ronnie 6.00 Bush, Carl 8.00 Camp, Dustin 5.00 Casimiro, Rafael 8.00 Chavez, Monty 4.00 Clarke, Dave 10.00 Craig, Terrence 12.00 Cruz, Norma Jimenez 6.00 Darling, Thomas 8.00 Davis, John 4.00 Ferguson, Cary 7.00 Fierer, Keith 4.00 Flores, Leo 5.00 Gasper, Aleman 3.00 Gilbert, John 4.00 Grant, Anthony 4.00 Grey, Edwin 6.00 Hamilton, Stacie 5 00 Harris, Terri 6 00 Hernandez, Isebelle 6.00 Hicks, Kennith 8.00 Irwin, Robert 2 00 Johnson, Darren 8.00 Johnson, Dontavius 8.00 Kelly, Bruce 15.00 Lairson, William 4.00 Lockwood, James 4.00 Lynn Larry 6.00 Masek, Mark 10.00 Miller, Eugene 3.00 Molina, Jesus 3.00 Muchlenbein, Keith 6.00 Ortiz, Edgar 2.00 Parker, Larry 2.00 Poitier, Shavunquo 3.00 Popp, David 3.00 Rabanales, Bayron 6.00 Smith, Fred 7.00 Smith, Willie 7.00 Staton, Raiman 10.00 Stratos, George 3.00 Torres, Liliana 6.00 Urbina, Carlos 8.00 Walker, Ron 3.00 Wallace, Nathaniel 2.00 Yoc, Gilber 4.00 Mulch Years Green, Shawn 12.00 Hardinson, Eddie 3.00 Smith, Fred 3.00 Irrigation Years Carlo, Jimmie 3.00 Del Cruz, Luis 5.00 Dunbar, William 20.00 Jewell, Jeff 15.00 Lloyd, Pat 15.00 Seasonal Years Alfred, Isaac 3.00 Avery, Sean 3.00 Barber, Lashawn 2.00 Barnes, Jumar 1.00 Bell, Charles 6.00 Brown, Larry 5.00 Carrasqulillo, Antonio 2.00 Cox, Kareen 1.00 Cruz, Karla 2.00 Darling, Rolandius 4.00 Espinoza, Roqelio 1.00 Estrada, Ever 2.00 Gonzalez, James 1.00 Graves, Lester 3.00 Green, Jarquize 1.00 Guzman, Luis 3.00 _Henson, Timothy 1.00 Hernandez, Clara 3.00 Ingrim, Aton 2 00 Johnson, Lorenzo 3.00 Jones, Curtis 1.00 Jordon, Shawn 1.00 Lakes, Tomant 1.00 Lewis, Charles 1.00 Lewis, Eddie 1.00 Lewis, Frank 2.00 Lucker, Jay 4.00 Mack, Kevin 1.00 Moore, James 4.00 Mullins, Jerry 2.00 Osborn, Kevin 2.00 Perez, Miguel 2.00 Perez, Victor 8.00 Querci, Vincent 1.00 Ramos, Belin 2.00 Ray, Joshua 3.00 Rios, Richard 1.00 Rodriguez, Luis 4.00 Salazar, Oracio 2.00 Segarra, Jorge 2.00 Shorter, George 4.00 Simpson, Colby 4.00 Smith, Chasmon 5.00 Stanley, Clearthur 9.00 Thomas, Clarance 3.00 Trautvetter, Robert 2.00 Velazquez, Ramon 8.00 Wilbanks, David 1.00 Williamson, Jason 1.00 Whitmire, Jonathan 1.00 Sidney Stigall Has completed 16 hours of training in intermediate [safety council logo] Mantinance of Traffic Course Meeting FDOT Requirements 03/20/2012 03/20/2016 Date Expiration Provider #015 Kurt Dansereau Glenn Victor Instructor Occupational Safety Director [certificate that Sidney Stigall did 16 hours of training in intermediate maintenance of traffic awarded by the united safety council] DATE (MM/DD/YYYY) [ACORD logo] CERTIFICATE OF LIABILITY INSURANCE 7/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights,to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT TriGen Insurance Solutions, Inc. NAME: 315 SR Mizner Blvd PHONE: FAX Suite 213 (A/C. No. Ext): (877) 987-4436 (A/C. No) (561) 952-2625 Boca Raton FL 33432 E-MAIL ADDRESS: CERTS@TRIGENGROUPINC.COM INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Guarantee Insurance Company 11398 INSURED (904) 731-9014 INSURER B: Convergence Employee Leasing, Inc. INSURER C: Convergence Employee Leasing II, Inc. INSURER D: INSURER E: 3951 Baymeadows Road INSURER F: COVERAGES CERTIFICATE NUMBER: Cert ID 9693 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVBE BEEN ISSUES TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORED BY THE POLICIES DESCIRBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES (Ea occurence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ PRO- PRODUCTS - COMP/OP AGG $ POLICY JECT LOC $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY DAMAGE HIRED AUTOS NON-OWNED (Per accident) $ AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION N/A WCP500002603GIC 10/17/2014 10/17/2015 X PER OTH- AND EMPLOYERS' LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHCILES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Coverage provided for all leased employees but not subcontractors of, SSS Brevard OPCO, LLC Location coverage effective: 6/22/15. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cape Canaveral City Clerk's Office 105 Polk Avenue AUTHORIZED REPRESENTATIVE [illegible] CAPE CANAVERAL FL 32920 © 1988-2013 ACORD CORPORATION. All rights reserved ACORD 25 (2013/14) The ACORD name and logo are registered marks of ACORD Page 1 of 1 SAFEHOL-01 TWARD DATE (MM/DD/YYYY) [ACORD logo] CERTIFICATE OF LIABILITY INSURANCE 7/27/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights,to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Brunswick Insurance Agency, Inc. NAME: Tracy Ward 2857 Riviera Drive PHONE: FAX Akron, OH 44333 (A/C. No. Ext): (330) 864-8800 (A/C. No): (330) 864-8661 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURER A: Hanover Insurance Companies INSURED INSURER B: SSS Brevard OPCO, LLC INSURER C: dba GreenLeaf Landscaping & Irrigation INSURER D: 2800 Allen Hill Ave. INSURER E: Melbourne, FL 32940 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVBE BEEN ISSUES TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORED BY THE POLICIES DESCIRBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY LHW-A664632-00 06/22/2015 06/22/2016 EACH OCCURENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES (Ea occurence) $100,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $1,000,000 PRO- PRODUCTS - COMP/OP AGG $2,000,000 POLICY JECT LOC $ OTHER AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1,000,000 A X ANY AUTO AWWW A664679 00 06/22/2015 06/22/2016 BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS PROPERTY DAMAGE X HIRED AUTOS X NON-OWNED (Per accident) $ AUTOS $ X UMBRELLA LIAB X OCCUR EACH OCCURENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED RETENTION $ $ A WORKERS COMPENSATION N/A UHW-A664633-00 06/22/2015 06/22/2016 X PER OTH- AND EMPLOYERS' LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHCILES (ACORD 101, Additional Remarks Schedule, may be attachedif more space is required) Named Insured Includes: GreenLeaf landscaping & Irrigation CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cape Canaveral City Clerk's Office 105 Polk Avenue AUTHORIZED REPRESENTATIVE [illegible] CAPE CANAVERAL FL 32920 © 1988-2014 ACORD CORPORATION. All rights reserved ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DRUG-FREE WORKPLACE CERTIFICATION Preference shall be given to businesses with drug-free workplace programs. Pursuant to Section 287.087, Florida Statutes, whenever two or more competitive solicitations that are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a response received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie responses will be followed if none of the tied providers has a drug free workplace program. In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in Subsection (1). 4. In the statement specified in Subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 894, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on any employee who is so convicted or require the satisfactory participation in a drug abuse assistance or rehabilitation program as such is available in the employee's community. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of applicable laws, rules and regulations. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. GREEN LEAF LANDSCAPING & IRRIGATION BUSINESS NAME PROVIDER'S SIGNATURE DRUG AND ALCOHOL POLICY We require all employees as a condition of initial and continued employment to report to work and to perform their duties without the presence of any alcohol or drugs in their systems. We also will not tolerate employees using, possessing, manufacturing, selling, distributing or making arrangements to distribute drugs while at work, during working hours, in or on Company property Further, we prohibit outside conduct, which is illegal,which affects your work, our relationship with the government, our customers, the public, or reflects poorly on the Company. Although the use of medication is not prohibited, you should advise your supervisor or manager when you are legitimately taking such medication To enforce this policy, we reserve the right to require all employees to submit at any time to test(s)to detect the presence of alcohol or drugs in their systems. All employees may be tested at any time without advance notice, including but not limited to, when being considered for a promotion or transfer, immediately following job-related accidents, and where the Company suspects that an employee may have violated our drug and alcohol policy. We reserve the right to search desks, cabinets, vehicles (including personal vehicles), bags, or any other property at the Company or in its vehicles or in customers'vehicles. Any violation of this policy, such as testing positive, refusing to submit to testing, refusing to allow a search or otherwise failing to cooperate in any investigation, or failing to execute any paperwork or consent forms necessary for examinations or tests may result in discipline, including immediate termination If you have any questions concerning this policy, please direct them to your drug free workplace administrator 1-800-966-5562. Furthermore: As a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 894, Florida Statutes, or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction EMPLOYEE DATE DROGA Y POLITICA DE ALCOHOL Se necesita todos los empleados como una condicion del empleo inicial y continuo para relatar trabajar y para ejecutar sus deberes sin la presencia de cada alcohol o toma drogas en sus sistemas. Nosotros no toleramos tambien empleados usar, poseer, manufacturar, vender, distribuir o hacer planes para distribuir las drogas mientras que trabajando, durante trabajar horas,en o en la propiedad de compania. Adelante, prohibimos la conducta exterior,que es ilegal, que afecta su trabajo, nuestra relaciOn con el gobierno, nuestros clientes, el publico, o refleje pobremente en Ia compania. Aunque el use de fa medicaciOn no es prohibido, deba aconsejar su supervisor o gerente cuando esta tomando legitimamente tal medicaciOn. Para imponer esta politica, nosotros reservamos el derecho para requerir todos los empleados para someterse a cualquier hora para probar(s) para detectar Ia presencia de alcohol o drogas en sus sistemas. Todos los empleados pueden ser ensayados a cualquier hora sin avanzar el anuncio, incluyendo pero no limite para, cuando ser considerando para una promocidn o transborde, accidentes inmediatamente relacionado con el trabajo siguiente, y donde los sospechosos de compania que un empleado puede haber violado nuestra droga y politica de alcohol. Nosotros reservamos el derecho para buscar escritorios, gabinetes, vehiculos (incluyendo los vehiculos personales ), abultan, o cualquiera otra propiedad a Ia compania o en sus vehiculos o en los vehiculos de clientes Cada violaciOn de esta politica, tal como grado positivo de cornprobacion, negandose a someterse para probar, negar a permitir una busqueda o de otra manera suspendiendo para cooperar en cada investigaciOn, o falta para ejecutar cada papal o formas de consentimiento necesario para examenes o pruebas poder resultar en disciplina, incluyendo la terminaci6n inmediata. Si tenga todas las preguntas concerniente a esta politica,por favor dirige les para su administrador de puesto de trabajo libre droga 1-800-966-5562 Ademas: Como una condicion de trabajar en las mercancias o servicios contractuales que esta debajo propuesta, el empleado se guiara por los terminos de la declaraciOn y notificara el empleador de cada prueba de culpabilidad de, o el argumento de culpable o admisibn de culpabilidad como estrategia para negar las acusaciones en otro proceso para, cada violaciOn del capftulo 894, estatutos de Florida, o de cualquiera ley de substancia controlada de los EE.UU. o cualquier manifieste, para una violaci6n ocurriendo en el puesto de trabajo ningiin mas tarde que cinco (5) dias despues de tal prueba de culpabilidad EMPLOYEE DATE Green Leaf Equipment 2015 Quantity Description 10 Detail trucks 9 Mow trucks 2 Aerial bucket trucks 1 Grapple truck 1 Pressure wash truck 1 Spray truck 1 International flatbed sod/paver truck with Teledyne forklift 1 International flatbed truck 2 Z-Spray ride on fertilizer spreaders 1 CAT 906 loader/trailer 1 CAT TH220B loader 1 John Deere 332 loader 1 Vermeer skid steer/trencher and trailer 1 Case 360 trencher 1 Vermeer SG652 stump grinder and trailer 1 Vermeer SC352 stump cutter 1 Mulch Mule 1 Challenger tractor and 8' Land Pride brush cutter deck 1 Husqvarna sod cutter 1 Bluebird sod cutter 1 Billy Goat walk behind blower/vac 25+ Backpack blowers, edgers, trimmers 10+ Shaft hedge clippers, hand held hedge clippers 10+ Chainsaws/pole saws (assorted bar lengths) 2 2-cycle concrete saws 2 Tanaka water pumps 2 Tanaka power augers 1 Echo power auger 1 Ground compactor 2 Husqvarna 16" reel mowers 2 Hovermower 21" slope mowers Green Leaf Vehicles & Trailers Year Make Model GL Vehicles 2000 Chevy Dually 1992 Chevy C1500 1992 Dodge D300 dump 2014 Freightliner Grapple truck 1999 International 4700 2002 Isuzu NPR box 2002 Isuzu Landscape 1997 Isuzu Lawn body 1994 GMC Pick Up Truck 2005 GMC W5500 dump 2005 GMC Crewcab 1995 Ford E350 van 1999 Ford F550 bucket 1995 Isuzu Pressure washer truck 1989 International Landscape truck 2005 Ford F150 2004 GMC C5500 2003 Isuzu W5500 dump 2010 Isuzu NPR Flat w/dovetail 2009 Isuzu NPR Dump truck 2007 GMC W4500 2007 GMC W4500 dump 2007 GMC 2007 GMC 2012 2500 gmc Steve Truck 2006 Isuzu NPR landscape 2005 GMC W5500 lawn 2005 GMC W4500 lawn 2003 GMC W4500 Lawn 2007 Isuzu Fertilization truck 2009 Ford SUPERVISOR 1984 International Green truck 2012 International Sod/Landscape Truck 2012 Hyndia Sales Truck 2011 Chevy ED 2011 Ford Irrigation Transit 2012 chevy coloado supervisor 2012 Isuzu NPR 3500 A Mow- Landscape 2013 Chevy Supervisor 2012 Isuzu NPR 3500 B Landscape 2013 Isuzu NPR New Bucket Truck 2012 Isuzu Dump 2012 Ford Van Irrigation 2009 Isuzu New dump MOWERS Make Model# Serial# H PZ54 030513F001059 H PZ54 030513F001071 H PZ54 030513F001053 H PZ54 030513F001063 H PZ54 030513F001065 H PZ54 030513F001073 H PZ54 030513F001052 H PZ54 030513F001068 H PZ54 030513F001072 BD 929505 10030025 BD 929505 09111076 BD 929505 09111069 BD 929505 09111273 BD 929505 BD 929505 'BD 929505 BD 931337 12020311 BD 931337 12020312 BD 931337 12021115 JD WH48A 1TC2048HKBT020035 JD WH48A 1TC2048HPBT020048 Weedeaters H 326LS 140300840 H 326LS 140300853 H 326LS 140300854 H 326LS 140300804 H 326LS 140300842 H 326LS 141500642 H 326LS 134100167 E SRM266 T42112015741 E PE266 T42912007698 H 525LST 142900413 H 525LST 142900411 E PE266 T42912007769 H 326LS 140300843 H 326LS 140300826 H 525LST 142900408 H 525LST 142900410 H 326LS 141500760 H 326LS 141500758 H 525LST 142900409 H 525LST 142900417 H PE266 T42912007777 H 326LS 141500762 H 326LS 141500514 M B27L Edgers H 326EX 134100164 H 326EX 135100174 H 326EX 134100168 H 525LS 124900003 M BM4XS 020416 H 326EX 134100161 M DM4XS 030415 E PE225 578712150750 H !326EX 134100166 H 326EX 135100198 H 52514001 T4001 ??? H 326EX 135100168 H 525 T4002 ??? H 326EX 134100165 E PE225 578712095230 H 326EX 134100158 Blowers H '56OBTS 40200641 H 56OBTS 40200638 RM EBZ5150 00601574 H 56OBTS 40200676 H 56OBTS 40200679 M BL8200 ??? RM EBZ5150 00601581 H 56OBTS 40200639 H 56OBTS 40200640 E PB750 073113 M BL8200 80921588 H 56OBTS 40200690 H 56OBTS 40200678 RM EBZ5150 00601576 H 56OBTS 40200637 H 560BTS 40200643 RM EBZ5150 80104587 E PB??? 073113 H 56OBTS 40200683 H 5606TS 40200681 RM EBZ5150 00601575 M BL8200 80921312 H 56OBTS 40200677 H 56OBTS 40200642 H 56OBTS 40200691 H 56OBTS 40200634 RM EBZ5150 71001994 M BL8200 128919 M BL8200 80920745 M BL8200 Hedgeclippers H 327HE4 20135000125 M EH23D 023414 M EH23D H X SERIES H 122H060 H 327HE4 M EH23D ADDENDUM # 1 CITY OF CAPE CANAVERAL Bid # 2015-09 Bid Due Date: July 30, 2015 Mowing & Maintenance All contents of this addendum shall be incorporated into the solicitation documents and the ensuing contract with the awarded contractor. This addendum shall address the following: I Clarity issues and answering questions submitted by potential bidders that attended the Mandatory Pre-Bid meeting On July 7 2015. CLARIFICATIONS: No additional questions are being accepted prior to the bid opening; Addenda may be issued up to 72 hours prior to the bid opening due time QUESTIONS: Question #f1 - Please provide more detail regarding Bid Inshvction, (.6 and Bid Specification, Requirements 4, related to the EDOT work lune safety certification. Answer #1 - This link below is the course that we are requiring for MOT. It is the same course we have sent our City Employees to [illegible sentence] See attached screen [illegible] The bid due date retrains July 30, 2015, 2:00PM Inquiries concerning this proposal should be directed to Lonnie Dunn Infrastructure Maintenance Superintended via [illegible] at (321) 868 1223, or e-mail at l.dunn@cityofcapecanaveral.org . The subject line of all unquiries shall state "MOWING AND MAINTENANCE - BID INQUIRY" ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED 1 ADDENDUM NUMBER Green Leaf Landscaping & Irrigation NAME OF BUSINESS BY: [illegible] SIGNATURE/DATE Dan Russell, Marketing Specialist NAME & TITLE, TYPED OR PRINTED 2800 Allen Hill Ave. MAILING ADDRESS Melbourne, FL 32940 CITY, STATE, ZIP CODE [screenshot of a safety council webpage filled with mosty-illegible text] BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT NO 2014 - 2015 SUBJECT TO COUNTY ZONING RESTRICTIONS 172019 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES THE PERSON(S) OR ENTTY BELOW BUSINESS PERIOD: October 01,2014 - September 30,2015 GREEN LEAF LANDSCAPING&IRRIGATION EXPIRES: SEPTEMBER 30,2015 2800 ALLEN HILL AV MELBOURNE,FL 32940 ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUING DOES NOT CERIIFY COMPLIANCE WITH ZONING OR OTHER LAWS. BUSINESS TAX RECEIP1 IS SUBJECT TO REVOCATION FOR ZONING V Q.ATIONS,AND I OR FAILURE TO MAINTAIN REGULATORY PRE-REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATlONIS! OF SUBSEQUENT ACTIVITIES.NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS A PERMIT IS REQUIRED TO ADVERTISE(Inducting with signage)"GOING OUT OF BUSINESS LISA CULLEN,CFC,Brevard County Tax Collector LOCATION P 0 Box 2500,Titusville,Florida 32781.2500 2800 ALLEN HILL AV (321)264-6910 or(321)633-2199 ext.46910 MELBOURNE,FL 32940 DWNED BY SSS BREVARD OPCO LLC BUSINESS CLASSIFICATIONS.DISCLAIMERS,AND RELATED FEES EXEMPTIONS' 0.00 820005 RECEIPT AMT 590501 HAZ WASTE GEN.SURCHARGE 300390 LANDSCAPE CONTRACTOR 470680 YARD CARE 300650 IRRIGATION CONTRACTOR 470450 PEST CONTROL 470148 COMMERCIAL FERTILIZER APPLICATOR 255 ZONING RESTRICTIONS APPLY-ZUP Receipt Fee 37.00 Hazardous Waste Fee 50.00 Zoning Application Fee 25.00 Building Occupancy Review Fee 45.00 Fire Prevention Fee 15.00 Late Penalty 0.00 NSF Fee 0.00 Transfer Fee 0.00 Paid 902-15-00001279 07/27/2015 172.00 MAIN OFFICE: 400 South St.,6th Floor,Titusville,FL 32780 BRANCH OFFICES: Merntt Island Office, 1605 N.Courtenay Pkwy Melbourne Office, 1515 Sarno Road Palm Bay Office,450 Cogan Dr SE Titusville Office,800 Park Ave. Indian Harbour Beach Office,240 E Eau Gallie Blvd BREVARD COUNTY BUSINESS TAX RECEIPT ACCOUNT NO 2015 - 2016 SUBJECT TO COUNTY ZONING RESTRICTIONS 172019 TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES THE PERSON(S),OR ENTITY BELOW BUSINESS PERIOD: October 01,2015 - September 30,2016 GREEN LEAF LANDSCAPING&IRRIGATION EXPIRES: SEPTEMBER 30,2016 RN HILL AV MELBOURNE, ISSUED PURSUANT AND SUBJECT TO FLORIDA STATUTES AND BREVARD COUNTY CODE ISSUANCE MELRNE,FL 32940 DOES NOT CERTIFY COMPLIANCE WITH ZONING OR OTHER LAWS.. BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS AND!OR FAILURE TO MAINTAIN REGULATORY PRE-REQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S) OR SUBSEQUENT ACTIVITIES NOTIFY TAX COLLECTOR UPON CLOSING OF BUSINESS A PERMIT IS REQUIRED TO ADVER'ISE pnddding with signage)"GOING OUT OF BUSINESS LISA CULLEN,CFC,Brevard County Tax Collector LOCATION P 0 Box 2500,Titusville,Florida 32781-2500 2800 ALLEN HILL AV (321)264-6910 or(321)633-2199 ext.46910 MELBOURNE,FL 32940 OWNED BY SSS BREVARD OPCO LLC BUSINESS CLASSIFICATIONS,DISCLAIMERS AND RELATED FEES EXEMPTIONS. 0.00 820005 RECEIPT AMT 590501 HAZ WASTE GEN. SURCHARGE 300390 LANDSCAPE CONTRACTOR 470680 YARD CARE 300650 IRRIGATION CONTRACTOR 470450 PEST CONTROL 470148 COMMERCIAL FERTILIZER APPLICATOR 255 ZONING RESTRICTIONS APPLY-ZUP Receipt Fee 37.00 Hazardous Waste Fee 50.00 Zoning Application Fee 0.00 Building Occupancy Review Fee 0.00 Fire Prevention Fee 0.00 Late Penalty 0.00 NSF Fee 0.00 Transfer Fee 0.00 Paid 902-15-00001279 07/27/2015 87.00 MAIN OFFICE: 403 South St 6th Floor,Titusville.FL 32780 BRANCH OFFICES: Merritt Island Office 1605 N Courtenay Pkwy Melbourne Office, 1515 Sarno Road Palm Bay Office,450 Cogan Dr.SE Titusville Office,800 Park Ave Indian Harbour Beach Office,240 E Eau Gallie Blvo Attachment 4 GREEN LEAF LANDSCAPING& IRRIGATION PROFESSIONAL SERVICES AGREEMENT THIS PROFESSIONAL SERVICES AGREEMENT("Agreement") is made and entered this day of , 2015 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and SSS Brevard OPCO, LLC dba Green Leaf Landscaping & Irrigation, a Florida corporation, whose principal address is 2800 Allen Hill Avenue, Melbourne, FL 32940 ("Contractor"). WITNESSETH: WHEREAS, the City sought bids for its "Mowing/Maintenance of City Landscaped Areas, Rights-of-Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch"contract; and WHEREAS, based on the bid specifications and contractor responses to same, the City's staff review team recommended to the City Council that Contractor be awarded bid; and WHEREAS, Contractor has the experience necessary to perform the required work for the City; and WHEREAS, the City and Contractor desire to memorialize their understanding regarding the scope of services to be performed by the Contractor as set forth in this Agreement; and WHEREAS, this Agreement is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 —RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2—ENGAGEMENT The City hereby engages Contractor and Contractor hereby agrees to perform the services outlined in this Agreement for the stated fee arrangement. No prior or present agreements or representations shall be binding upon any party hereto unless incorporated in this Agreement. Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping & Irrigation Page 1 of 10 ARTICLE 3—TERM The term of this Agreement shall be for one (1) year, commencing on October 1, 2015 and terminating at midnight on September 30, 2016, unless either party chooses to exercise its rights under Article 27, Termination. The parties shall have the option to extend the term of this Agreement for five (5) one-year periods. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. The City Manager or the City Manager's designee (hereinafter "City Manager") shall review the performance of the Contractor annually at least ninety (90) days prior to the Agreement's anniversary date. The City Manager shall recommend a one (1) year extension or termination. Should the Contractor and City agree to extend the Agreement, the Contractor may be entitled to an increase in rates in an amount not to exceed one half(1/2) the change in the Consumer Price Index (CPI) for the most recently available twelve (12) month period for All Urban Consumers (CPI-U) for All Items, U.S. City average, published by the Bureau of Labor Statistics of the U.S. Department of Labor for 1982-84, or the successor index to the same. Said increase shall become effective beginning with the invoice for work performed after the start of the new Agreement period. ARTICLE 4—AGREEMENT ADMINISTRATION Administration of the Agreement shall be under the general direction of Lonnie Dunn, Infrastructure Maintenance Superintendent, who shall act as the City representative during the performance of this Agreement. The Agreement Administrator for the Contractor is , who will also serve as the Contractor's day-to- day contact person. Each party to this Agreement agrees to provide written notification within fifteen (15) days, should the representative of either party change during the term of the Agreement. ARTICLE 5—SCOPE OF SERVICES Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit "A," Scope of Services, attached hereto and fully incorporated herein by this reference. ARTICLE 6—PAYMENT OF CONTRACTOR The City shall pay to Contractor $182,640.00 for mowing and maintenance of the certain landscaped areas of the City and of the Central Ditch, as described in Exhibit "A," Scope of Services. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 2 of 10 Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 7—TRUTH-IN-NEGOTIATION CERTIFICATE Signature of this Agreement by the Contractor shall act as the execution of a truth-in-negotiation certificate certifying that the wage, rates, and costs used to determine the compensation provided for in this Agreement are accurate, complete, and current as of the date of the Agreement. ARTICLE 8—INSURANCE In the performance of work and services under this Agreement, Contractor agrees to comply with all Federal, State and Local laws and regulations now in effect, or hereinafter enacted during the term of this Agreement that are applicable to Contractor, its employees, agents or subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain in full force and effect during the life of the Agreement, Workers' Compensation insurance covering all employees in performance of work under the Agreement. Contractor shall make this same requirement of any of its subcontractors. Contractor shall indemnify and save the City harmless for any damages resulting to them for failure of either Contractor or any subcontractor to take out or maintain such insurance. The following are required types and minimum limits of insurance coverage which the Contractor agrees to maintain during the term of this Agreement: COVERAGE MININMUM LIMITS General and Auto Liability $500,000 per person/incident $1,000,000 incident Professional Liability (if applicable) $1,000,000 Workers' Compensation Statutory Neither Contractor nor any subcontractor shall commence work under this Agreement until they have obtained all insurance required under this section and have supplied the City's Agreement Administrator with evidence of such coverage in the form of a Certificate of Insurance and endorsement. The City shall approve such certificates. All insurers shall be licensed to conduct business in the State of Florida. Insurers must have, at a minimum, a policyholders' rating of "A," and a financial class of"VII" as reported in the latest edition of Best's Insurance Reports, unless the City grants specific approval for an exception. All policies provided should be Occurrence, not Claims Made, forms. The Contractor's insurance policies should be endorsed to add the City of Cape Canaveral as an Additional Insured. Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 3 of 10 The Contractor shall be responsible for all deductibles. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be cancelled, materially changed or renewal refused until at least thirty(30) calendar days written notice has been given to the City by certified mail. ARTICLE 9—INDEMNIFICATION The Contractor shall indemnify and hold harmless the City, officers, servants, and employees from and against any and all claims, liability, damages, losses, causes of action and cost, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor and other person employed by the Contractor in the performance of the Agreement. ARTICLE 10—SAFETY Precautions shall be exercised at all times for the protection of all persons (including the City's employees) and property. The safety provisions of all applicable laws, regulations, and codes shall be observed. Hazards arising from the use of vehicles, machinery, and equipment shall be guarded or eliminated in accordance with the highest accepted standard of safety. The Contractor and any subcontractors shall comply fully with all requirements of the Occupational Safety and Health Act (OSHA), and any other pertinent Federal, State or Local Statues, rules or regulations. The Contractor and any subcontractor shall bear full responsibility for payment of any fines or other punishments resulting from violation of any such statutes, rules or regulations. ARTICLE 11—NONDISCRIMINATION The Contractor warrants and represents that it complies with all Federal and State requirements concerning fair employment and will not discriminate by reason of race, color, religion, sex, age, national origin or physical handicap. ARTICLE 12 —DRUG FREE WORKPLACE In accordance with section 287.087, Florida Statutes, Contractor warrants that it is a drug free workplace. ARTICLE 13—PUBLIC ENTITY CRIME INFORMATION STATEMENT A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes, for CATEGORY TWO ($15,000.00) for a period of 36 months from the date of being placed on the convicted vendor list. Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 4 of 10 ARTICLE 14—EXCUSABLE DELAYS The Contractor shall not be considered in default by reason of any failure in performances if such failure arises out of causes reasonably beyond the Contractor's control and without its fault or negligence. Such causes may include, but are not limited to: Acts of God; natural or public health emergencies; labor disputes; freight embargoes; and severe weather conditions. ARTICLE 15—ARREARS The Contractor shall not pledge the City's credit or make it guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. The Contractor further warrants and represents that it has no obligation for indebtedness that would impair its ability to fulfill the terms of this Agreement. ARTICLE 16—WARRANTY The Contractor warrants that skilled and competent personnel to the highest professional standards in the field shall perform all services. ARTICLE 17—INDEPENDENT CONTRATOR The Contractor agrees that it is an Independent Contractor with respect to the services provided pursuant to this Agreement, and not an employee, agent or servant of the City. All persons engaged in any of the work or services performed shall at all times, and in all places, be subject to the Contractor's sole direction, supervision, and control. The Contractor shall exercise control over the means and manner in which it and its employees perform the work; the City's interest is in the results obtained. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. ARTICLES 18—ASSIGNMENT This Agreement may not be assigned without the prior written consent of the City. Any attempt to assign this Agreement without prior written consent of the City shall render the Agreement null and void with respect to the attempted assignee. The City shall not unreasonably withhold consent provided that the Contractor provides the City with information it requires including, but not limited to, a sample contract from the proposed assignee, proposed fee schedule, operating history of the assignee and a contact person representing the assignee. This information shall be provided at least sixty (60) days prior to the target date for assignment by the Contractor. ARTICLE 19—SUBCONTRACTORS No part of this Agreement shall be sublet without the prior written approval of the City. If the Contractor shall sublet any portion of this Agreement, the Contractor shall be fully responsible to the City for acts and omissions of a subcontractor, and of persons either directly or indirectly employed or retained by Contractor. Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping&Irrigation Page 5of10 The subcontractor is subject to the same contractual provision as is Contractor under the Agreement including, but not limited to, insurance requirements, records maintenance, and audit requirements. ARTICLE 20—NONWAIVER No inspection by the City, nor any payment for or acceptance of the whole or part of the items in this Agreement, nor any extension of time,nor any possession taken by the City of the product or services hereunder shall operate as a waiver of(1) any provision of this Agreement, (2) the right to have it fully performed, (3) any power herein reserved to the City or (4) any right to damages under this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other breach. ARTICLE 21 —CONTINGENT FEES The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. ARTICLE 22—ACCESS AND AUDITS The Contractor shall maintain records on the City's projects, in accordance with generally accepted accounting principal and practices to substantiate all invoiced amounts. Said records will be available to the City during the Contractor's normal business hours for a period of two (2) years after the Contractor's final invoice for examination to the extent required to verify the direct cost (excluding established or standard allowances and taxes) incurred herein. Should such an audit by the City reveal monies owed to the City, the Contractor shall reimburse the City for the cost of the audit and pay the principal overcharge amount owed the City plus interest accrued at the prime interest rate in effect on the date of discovery. Said interest rate shall apply to the principal overcharge amount revealed in the audit for the period from the original payment due date(s)to the payment by the Contractor of all monies owed. ARTICLE 23—ENTIRE AGREEMENT The City and the Contractor agree that this Agreement sets forth the entire agreement between the parties, and that there are not promises or understandings other than those stated herein. ARTICLE 24—AMENDMENTS AND MODIFICATIONS Any cardinal change in the terms and conditions set forth in this Agreement must be mutually agreed to by both the City and the Contractor, and may be implemented only after this Agreement has been amended in writing. Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 6 of 10 The City reserves the right to make changes in the work, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's notification of a contemplated change, the Contractor shall (1) if requested by the City, provide an estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City in writing if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Agreement. If the City so instructs, in writing, the Contractor shall suspend work on that portion of the work affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall issue a Contract Amendment or Change Order and the Contractor shall not commence work on any such change until such written amendments or change order has been issued and signed by each of the parties. ARTICLE 25—SEVERABILITY If a word, sentence, phrase, clause or paragraph herein shall be declared illegal, unenforceable, or unconstitutional, the said word, sentence, phrase, clause or paragraph shall be severed from this Agreement, and this Agreement shall be read as if said illegal, unenforceable, or unconstitutional word, sentence, phrase, clause or paragraph did not exist. ARTICLE 26—NOTICE All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Joyce Muse, Public Works Services Director David L. Greene, City Manager City of Cape Canaveral City of Cape Canaveral PO Box 326 PO Box 326 Cape Canaveral, Florida 32920 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Steve Rose, Owner Green Leaf Landscaping & Irrigation 2800 Allen Hill Avenue Melbourne, FL 32940 Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 7 of 10 ARTICLE 27—TERMINATION This Agreement may be terminated by the Contractor upon thirty (30) days prior written notice to the City in the event of substantial failure by the City to perform in accordance with the terms of this Agreement through no fault of the Contractor. It may also be terminated by the City with or without cause immediately upon written notice to the Contractor. Unless the Contractor is in breach of this Agreement, the Contractor shall be paid for services rendered to the City's satisfaction through the date of termination. After receipt of a Termination Notice and except as otherwise directed by the City, the Contractor shall: A. Stop work on the date and to the extent specified. B. Terminate and settle all orders and subcontracts relating to the performance of the terminated work. C. Transfer all work in process, completed work and other material related to the terminated work to the City or approved designee. D. Continue and complete all parts of the work that have not been terminated. ARTICLE 28—EXCLUSIVITY This is not an exclusive Agreement. The City may, at its sole discretion, contract with other entities for work similar to that to be performed by the Contractor hereunder. ARTICLE 29—REMEDIES The laws of the State of Florida shall govern this Agreement. Any and all legal action necessary to enforce the Agreement will be held in Brevard County, Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power or remedy hereunder shall preclude any other of further exercise thereof. ARTICLE 30—ATTORNEY'S FEES If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fee, court cost and all expenses (including taxes) even if not taxable as court cost (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. ARTICLE 31 —SOVEREIGN IMMUNITY 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 under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 8 of 10 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. ARTICLE 32 - DOCUMENTS Public Records: In accordance with section 119.0701, Florida Statutes, Contractor 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. Contractor 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. Contractor 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. Contractor 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, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor 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 Contractor 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 Contractor 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 Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. 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 Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 9 of 10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Angela Apperson,City Clerk CONTRACTOR: SSS Brevard OPCO LLC, dba Green Leaf Landscaping& Irrigation a Florida corporation. WITNESSES: By: Print Name: Print Name: Title: Print Name: Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 10 of 10 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/18/2015 Item No. 8 Subject: Waive the competitive bidding process for the purpose of extending the term of the existing contract, and approve the Eighth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $41,344 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Department: Public Works Services Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization, disease and weed control of turf areas and the Central Ditch. A contract for pest control services for all City buildings was awarded to Black's Spray Service, Inc. in 2010. In general, Staff is very pleased with the services provided by Black's. Black's proposed unit prices for grounds, weed and pest control and facilities pest control have not been increased for FY2015-2016. The total cost for all services is $41,344. Bid tab sheets detailing the proposed costs and services to be provided by Black's for FY2015-2016 are included in Attachment #1. The Professional Services Agreement between the City and Black's allows five (5) extensions for one-year periods, with the current extension set to expire on September 30, 2015. As there are no extensions left under the existing contract, Staff is requesting that the City Council waive the competitive bidding process for the purpose of extending the contract for additional terms. Specifically, the proposed Eighth Addendum (Attachment #2) would extend the contract for an additional one-year term from October 1, 2015 through September 30, 2016, and would also give the parties the option to extend the term of the Agreement for one (1) additional subsequent year period upon mutual written agreement. Submitting Department Director: Joyce Muse Date: 08/05/2015 Attachments: #1 — FY2015-2016 Bid Tab Sheets #2 — Eighth Addendum to Profession Services Agreement Financial Impact: $41,344 for the Fertilization, Insect, Disease, Weed Control and Pest Control Agreement with Black's Spray Service, Inc. funded by City Departments operating budgets. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/5/15 The City Manager recommends that City Council take the following actions: Waive the competitive bidding process for the purpose of extending the term of the existing contract, and approve the Eighth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $41,344 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Approved by City Manager: David L. Greene Date: 8/5/15 Attachment #1 FY 2015-2016 Bid Tab Sheets City of Cape Canaveral Chemical Applications FY2015-2016 BID TAB SHEET APPLICATION AREA UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES Mr YEAR A City Hall, Sheriffs Annex,Economic City Hall-105 Polk Ave Development, Library Turf Applications(Granular/Liquid) $ 120.00 6 $ 720.00 Sheriffs Annex-111 Polk Ave Ornamental Fertilization (Granular) i $ 150.00 2 $ 300.00 Tree Fertilization (Granular) $ 30.00 2 $ 60.00 Community Development-110 Polk Ave Herbicide Applications $ 75.00 10 $ 750.00 Library-201 Polk Ave City Hall-$55X6; Sheriffs Annex-$65X6; Community Dev't-$60X6; Leisure Services-$65X6; Facilities Pest Control Canaveral City Park-$145X6; Manatee Sanctuary Park-$50X6; Public Works Services-$125X6; Infrastructure Maintenance-$55X6 , $ 620.00 6 $ 3,720.00 B Leisure Services Turf Applications(Granular/Liquid) $ 105.00 6 $ 630.00 Ornamental Fertilization (Granular) $ 120.00 2 $ 240.00 7300 N Atlantic Ave Tree Fertilization (Granular) $ 30.00 2 $ 60.00 Herbicide Applications I $ 75.00 10 $ 750.00 D Veteran's Memorial Park Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Adjacent to Library Ornamental Fertilization (Granular) $ 45.00 2 $ 90.00 201 Polk Ave Herbicide Applications 1' $ 30.00 10 $ 300.00 Page 1 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET TIMES PER APPLIQATTON ArtF kS Tontift UNIT COSI' TOTAL COST ADDRESS/NOTES YEAS E Bennix Park Turf Applications(Granular/Liquid) 1 $ 150.00 6 $ 900.00 Washington Ave Ornamental Fertilization(Granular) 1 $ 135.00 2 $ 270.00 (between N Atlantic Ave and Rosalind Tree Fertilization(Granular) 1 $ 60.00 2 $ 120.00 Ave) Herbicide Applications I $ 60.00 10 S 600.00 F' Canaveral&Canaveral Beach Blvd Turf Applications(Granular/Liquid) $ 180.00 6 $ 1,080.00 Ornamental Fertilization(Granular) $ 105.00 2 $ 210.00 Medians only Tree Fertilization(Granular) $ 45.00 2 $ 90.00 Herbicide Applications $ 75.00 10 $ 750.00 G N Ridgewood.E central.W Central Turf Applications(Granular/Liquid) $ 360.00' 6 $ 2,160.00 Ornamental Fertilization(Granular) $ 210.00 2 $ 420.00 Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Herbicide Applications 1 $ 210.00 10 $ 2,100.00 nem H Cama View Tree Line and Kindergarten Turf Applications(Granular/Liquid) $ 15.00 6 $ 90.00 Cape View Elementary School Ornamental Fertilization(Granular) I $ 15.00 2 $ 30.00 8840 Rosalind Ave Tree Fertilization(Granular) 1 $ 45.00 2 $ 90.00 Herbicide Applications $ 15.00 10 $ 150.00 Page 2 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET Tugs PER AP'PLiCAnON AREAS LC011111 UNIT COST TOTAL COST ADDRESS/NOTES nea 1 Harbor Heights Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Harbor Dr Ornamental Fertilization(Granular) $ 30.00 2 $ 60.00 (Off N Atlantic Ave) Tree Fertilization(Granular) $ 15.00 2 $ 30.00 Herbicide Applications i $ 30.00 10 $ 300.00 J 401/N Atlantic Ave Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 Tree Fertilization(Granular) $ 15.00 2 $ 30.00 Herbicide Applications $ 15.00 10 $ 150.00 1 K Canaveral City Park and Ball Parks Turf Applications(Granular/Liquid) $ 180.00 6 $ 1,080.00 Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 7920 Orange Ave-Top Choice-Both Infields and Outfields,Playground and Herbicide Applications $ 30.00 10 $ 300.00 Pavilion Turf Application Little League Infield $ 75.00 12 $ 900.00 Top Choice Application $ 1,100.00 1 $ 1,100.00 L Center Street Park and Streetscaee Turf Applications(Granular/Liquid) .. $ 15.00 6 $ 90.00 W end of Center St Ornamental Fertilization(Granular) $ 90.00 2 $ 180.00 (Off N Atlantic Ave) Tree Fertilization(Granular) $ 30.00 2 $ 60.00 Herbicide Applications Q $ 100.00 10 $ 1,000.00 Page 3 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET N - TIMES PER APPLICATION AREAS ICorrtlnuedl UNIT COST YEAR TOTAL COST ADDRESS/NOTES M South City Entrance Sinn Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 N Atlantic Ave Tree Fertilization(Granular) $ 15.00 2 $ 30.00 (between Grant Ave and Johnson Ave) Herbicide Applications $ 15.00 10 $ 150.00 N A1A Landscaoed Areas Ornamental Fertilization(Granular) $ 225.00 2 $ 450.00 Tree Fertilization(Granular) $ 225.00 2 $ 450.00, Herbicide Applications $ 210.00 10 $ 2,100.00 O Patriot's Park Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 W end of Long Point Rd Ornamental Fertilization(Granular) S 15.00 2 $ 30.00 (W side of N Atlantic Ave)- Tree Fertilization(Granular) $ 15.00 2 $ 30.00 TopChoice-Playground Herbicide Applications $ 30.00 10 $ 300.00 Top Choice Application $ 100.00 1 $ 100.00 P Columbia Drive Turf Applications(Granular/Liquid) $ 45.00 8 $ 270.00 Tree Fertilization(Granular) 1 $ 30.00 2 $ 80.00 Page 4ef8 City of Cape Canaveral Chemical Applications BID TAB SHEET T#AAES PER APPLICATION AR. UNIT CASTYAR TOTAL COST ADDRESS/NOTES r a Thurm Blvd Medians Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 R Manatee Sanctuary Park Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Ornamental Fertilization(Granular) $ 45.00 2 $ 90.00 801 Thurm Blvd-Top Choice-Pavilion, Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Exercise Trail and Bench Areas Herbicide Applications $ 300.00 10 $ 3,000.00 Top Choice Application $ 750.00 1 $ 750.00 S Banana River Park Turf Applications(Granular/Liquid) $ 150.00 6 $ 900.00 901 Thurm Blvd-Top Choice Areas- Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Soccer Field and PlaYground Herbicide Applications $ 80.00 10 $ 800.00 Top Choice Application $ 700.00 1 $ 700.00 l - T N City Entrance Sign A1A N end of Cape Canaveral on west side of Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 Astronaut Blvd Herbicide Applications $ 15.00 10 $ 150.00 City of Cape Canaveral Chemical Applications BID TAB SHEET l - 4PPLI ATIOfa AREAS(Corkiinunedl UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES ' r U N Atlantic Entrance Sion Ornamental Fertilization(Granular) I $ 15.00 2 $ 30.00 N end of Cape Canaveral on west side of N Atlantic Ave by Port Entrance Herbicide Applications $ 15.00 10 $ 150.00 V Water Reclamation Plant Ornamental Fertilization(Granular) $ 30.00 2 $ 60.00 701 Thurm Blvd Tree Fertilization(Granular) $ 90.00 2 $ 180.00 I N and S sides of West Central Blvd W AQUATICSbetween Commerce St and Oak Manor I Ln-$50.00X12■$800.00; Manatee Park Ponds- $16.25X12=$195.00; Water Treatment Plant Ponds- Aquatic Herbicide Application $6.25X12=575.00 $ 290.00 12 $ 3,480.00 X Sandpiper Park Playground(Canaveral City Park Turf Applications(Granular/Liquid) $ 60.00 6 $ 360.00 1111 I .ummume.- - omm. Y RIDGEWOOD AVE Turf Applications(Granular/Liquid) $ 223.00 6 $ 1,338.00 Ridgewood Ave Ornamental Fertilization(Granular) $ 153.00 2 $ 306.00 Tree Fertilization(Granular) $ 90.00 2 $ 180.00 - Herbicide Applications $ 155.00 10 $ 1,550.00 Page 608 BID TAB SHEET GRAND TOTAL TURF AREAS 1 1 S 11,59®.44 I TOP CHOICE I $ 2,651-00 ORNAMENTALS I I $ x,916,t10 ---TREES I IS 1,534.04 HERBICIDE APPLICATION 1 IS 15,150.00 AQUATIC APPLICATION ] s 3. eo_oo FACILITIES PEST CONTROL I x 3,720.00 GRAND TOTAL OF CHEMICAL BID AREA $ 41,344.00 Page 7 of 8 VENDOR INFORMATION Notes: COMPANY NAME: Black's Spray Service,Inc COMPANY REPRESENTATIVE: Carlos Boyer,President MAILING ADDRESS: 3625 N Courtenay Pkwy,Merritt Island, FL 32953 OFFICE-321452-4911 PHONE; MOBILE-321-794-8098 Page 8 of 8 Attachment #2 Eighth Addendum to Professional Services Agreement EIGHTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS EIGHTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Eighth Addendum") is made and entered this day of , 2015 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose Principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement ("Agreement") for fertilization, insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS, the Agreement, as amended by several addenda, is scheduled to terminate on September 30, 2015; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS, this Eighth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 — RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2 — EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2015 and terminating on September 30, 2016. The parties shall have the option to extend the term of this Agreement for one (1) additional year period. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Eighth Addendum to Professional Services Agreement City of Cape Canaveral/Black's Spray Service, Inc. Page 1 of 2 ARTICLE 3 —OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Eighth Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, or Seventh Addenda, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Eighth Addendum as of the day and year first above written. CITY: City of Cape Canaveral, Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Angela Apperson, City Clerk CONTRACTOR: Black's Spray Service, Inc., a Florida corporation. WITNESSES: By: Print Name: Carlos S. Boyer, President Print Name: Eighth Addendum to Professional Services Agreement City of Cape Canaveral/Black's Spray Service, Inc. Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 08/18/2015 Item No. 9 Subject: Ordinance No. 07-2015 (Revised); amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, to revise Article X, A1A Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community Development Summary: At its July 17, 2012 meeting, the City Council adopted Ordinance No. 11- 2012 approving the A1A Economic Opportunity Overlay District (EOOD). The EOOD provides guidelines and standards for development projects within its boundaries. The origin of the EOOD lies in the 2009 Community Visioning process. The objective of the EOOD was to address community goals raised in the Visioning process. In particular, to create a sense of identity for the City's gateway, leverage opportunities for economic development related to Port Canaveral, attract services desired by the citizens and allow for additional uses such as a mixed-use, town center type development. To that end, the EOOD was established and includes design standards, a mechanism for increased building heights, revised hotel requirements, increased landscaping requirements and facilitates mixed-use development. These new standards created an "overlay" which enhanced the underlying zoning regulations. The EOOD currently runs along the A1A corridor from the Port in the north to the Canaveral River (also referred to as the Central Canal/Ditch) area to the south (see Attachment#1). The City's location, relative to the Port and Cocoa Beach, will result in continued development pressure. Recent development activity includes the construction of a Dollar General store at 6395 North Atlantic Avenue and a Homewood Suites Hotel at 9000 Astronaut Boulevard. The hotel project was reviewed under the current EOOD guidelines. According to the developer, this significant project would not have been feasible if not for the standards contained within the EOOD. The proposed ordinance expands the current boundaries of the EOOD to include the majority of the properties within the Community Redevelopment Area and the Brownfield districts (see Attachment #1). Both of these districts were established to support redevelopment and were demarcated by defined criteria consistent with Florida Statute. Another criteria used to delineate the expansion area was to include properties currently zoned commercial or industrial. The northern expansion area includes properties northeast of the current EOOD near the Port facilities, properties within the North Atlantic Avenue corridor (primarily on the west side) and the property that is the site of the proposed Casa Canaveral Assisted Living Facility. City Council Meeting Date: 08/18/2015 Item No. Page 2 of 3 The southern expansion area includes properties from the current EOOD boundary to Grant Avenue. This includes several properties that are adjacent to the Banana River. In addition to the geographic expansion of the EOOD, the proposed ordinance also includes several policy revisions (see Attachment #2), including: 1. Added "Waterfront Restaurant" as a permitted use in the C-1 and C-2 zoning districts and a special exception in the M-1 district. 2. To facilitate pedestrian and vehicular connectivity between parcels, cross access will be encouraged (Sec. 110-629). 3. Clarifies the allowance for up to one row of parking between the front of a building and the adjoining street (Sec. 110-669). 4. Requires off-street parking be buffered from a residentially zoned property. It is currently only required when the parking is adjacent to a residential building (Sec. 110-689). 5. Buildings exceeding 45 feet will require a minimum 14 foot stepback for each four stories or heights above 45 feet (Sec. 110-624). 6. In the event where a parcel contains both a commercial and residential zoning district, the residential portion may be developed as an accessory use to the principal commercial development (Sec. 110-611). 7. Through the establishment of building zones, articulated building frontages and a diversified corridor viewshed can be created (Sec. 110-625). As the City continues to experience growth pressure within the corridor, it is critical that uniform rules be established that result in a seamless development pattern along the entire length of A1A. This consistency is a critical ingredient of creating a sense of identity called for in the Visioning initiative. At the Planning and Zoning Board Meeting of July 1, 2015, the Board recommended approval of the Proposed Ordinance by a vote of 5-1. A Display Advertisement prior to the City Council's Public Hearing/First Reading was published in the Florida Today newspaper July 9, 2015. Subsequent to the July 21, 2015 City Council meeting, several revisions (shown as highlighted text) to Ordinance No. 07-2015 have been made, including: 1. Revise the EOOD boundary to include only Phase 3A of the Puerto Del Rio project, which is the location of the proposed Casa Canaveral ALF; 2. Clarify language for the location of Town Center districts (Sec. 110-587(4)) 3. Clarify language related to the construction of accessory uses on property with mixed zoning categories (Sec. 110-611); 4. Clarify language related to Building Frontage (Sec. 110-626). City Council Meeting Date: 08/18/2015 Item No. 9 Page 3 of 3 Additionally, the Display Advertisement with the revised Boundary Map was published in the Florida Today newspaper August 6, 2015 prior to this Public Hearing/Second Reading. Submitting Director: David Dickey Date: 8/10/2015 Attachments: #1 — EOOD Boundary Map (Current/Proposed) - REVISED #2 — Ordinance No. 07-2015 - REVISED Financial Impact: Cost of Ordinance/Agenda item preparation, advertisement and codification. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/11/15 The City Manager recommends that City CounciI take the following action: Adopt Ordinance No. 07-2015, second reading. Approved by City Manager: David L. Greene Date: 8/11/15 Attachment 1 ECONOMIC OPPORTUNITY OVERLAY DISTRICT (EOOD) - Revised [map] Attachment 2 ORDINANCE NO. 07-2015 (REVISED) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES,TO REVISE ARTICLE X, AlA ECONOMIC OPPORTUNITY OVERLAY DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS;INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, in 2009, the City conducted a community-based, citizen-driven Visioning process to develop a vision and strategy for future development and redevelopment of underutilized areas located in the City; and WHEREAS, some of the recommendations developed as a result of the Visioning process included revising the City's zoning code to allow for mixed-use development and a town center, as well as taking a proactive approach to economic development; and WHEREAS, in 2012, the City adopted the AlA Economic Opportunity Overlay District ("EOOD")to promote hospitality-related commercial development capitalizing on Port Canaveral; to provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance; to enhance the A 1 A corridor's identity; and to promote a pedestrian-friendly environment; and WHEREAS, it is critical that uniform rules be established that result in a seamless development pattern along the entire length of A 1 A to create a sense of identity as called for in the Visioning initiative; and WHEREAS, the City's Planning & Zoning Board/Local Planning Agency reviewed the proposed revisions during a public hearing on July 01, 2015 and recommended approval of same to the City Council; and WHEREAS, the City Council of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: City of Cape Canaveral Ordinance No. 07-2015 Page 1 of 19 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of Cape Canaveral. Section 2. Conforming Amendments to Chapter 110,Zoning.Chapter 110,Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING ARTICLE X. DIVISION 1 - GENERALLY Sec. 110-585. - Introduction. (1) The A 1 A Economic Opportunity Overlay District("EOOD"or"District")provides guidelines and standards for public and private development projects in commercially zoned areas along AlA. Consistent with the intent of the 2009 Community Visioning and the 2012 Community Redevelopment Plan, the District is developed to promote hospitality related commercial development that capitalizes on the economic benefits of Port Canaveral;provide guidance and direction in the design of new buildings and rehabilitation of existing buildings and storefronts in order to improve their appearance, enhance the corridor's identity and promote the pedestrian environment of the District. (2) All projects within the boundaries of the District shall comply with the following Design Guidelines and Development Standards. These requirements have the overall goal of encouraging compact,pedestrian-oriented developments and attractive public outdoor spaces. The District is designed to create a unique identity for the AlA Corridor with a distinct sense of place while attracting new businesses and customers, and providing for the comfort, convenience, and safety of workers, residents and shoppers. (3) The District Design Guidelines and Development Standards ("Standards") set forth in this Article shall be in addition to and not in substitution of the underlying zoning district regulations and other regulations contained in this Code which shall also remain applicable to the District AlA EOOD. The District Standards of this Article will govern development and redevelopment within the District and will control where conflicts between regulations occur. City of Cape Canaveral Ordinance No. 07-2015 Page 2 of 19 Sec. 110-586. -Boundary and organization. The boundaries of the District are shown on Figure 1 and Figure la. The District primarily consists of properties zoned for commercial, office, and industrial uses which abut or are in close proximity to A1A generally extending from the city limits on the north to E. Grant Avenue on the south. Whereas the boundaries of the District are identified on the Figures below, the zoning boundaries and/or specific zoning districts represented in Figure 1 a and subsequent Figures are for reference purposes only; the official City Zoning Map is maintained within the Community Development Department. ECONOMIC OPPORTUNITY OVERLAY DISTRICT (EOOD) [map] Figure 1. Economic Opportunity Overlay District Boundary Map City of Cape Canaveral Ordinance No.07-2015 Page 3 of 19 City of Cape Canaveral Zoning Map [map] Figure la. Economic Opportunity Overlay District Boundary Map(Zoning) (Note —Figure 1 a is a graphic representation of the EOOD District boundary; the official zoning map is maintained in the Community Development Department). City of Cape Canaveral Ordinance No.07-2015 Page 4 of 19 Sec. 110-587. -Applicability. (1) The District is a commercial corridor of approximately one and three-quarter miles, generally centered on both AlA (Astronaut Boulevard) and N. Atlantic Avenue and recognized as extending from the entrance to the City of Cape Canaveral on the north to Grant Avenue on the south (2) The area of the district along AlA is intended to serve as the main gateway into the City of Cape Canaveral. The area of the district along Central Boulevard is intended to serve as the main street to the City of Cape Canaveral's Town Center and as a transition between the land use, circulation, and streetscape along AlA and the Town Center. This District is intended to have the most intensive commercial and residential uses within the City. The EOOD is meant to provide a lively and attractive interface between the proposed Town Center and the adjacent residential communities, while maintaining a primarily commercial street frontage along AlA,N. Atlantic Avenue and Central Boulevard. (3) The streets will have a retail/commercial service atmosphere with small or large neighborhood stores at street level and apartments or offices on upper stories. The retail composition of the district shall include, but not be limited to, retail stores, personal services, hotels, cultural facilities, hospitals, clinics, pharmacies, convenience stores with gas, high tech manufacturing, entertainment, and eating establishments including rooftop restaurants that serve the EOOD as well as stores, eating establishments, and business services (printing, accounting, etc.) that serve the other businesses and office users in the area. Residential uses shall be permitted within the District., however, shall be limited to upper stories along A1A, N. Atlantic Avenue and Central Boulevard within the District. (4) The main street component of the District is intended to provide a mixed-use, pedestrian- oriented focus for the proposed Town Center, with land uses serving Town Center residents and visitors. This sub-district provides the City of Cape Canaveral with a small-town style walkable center that is convenient, useful, safe and attractive for pedestrians and lively, yet relaxed. Small-scale retail and other commercial uses shall occupy as much of the ground floor frontages along Central Boulevard as the market will bear. Upper stories shall be office or residential along these main streets. This district also shall provide the potential for continuum-of-care developments including opportunities for aging in place and include such uses as independent, assisted living and skilled care facilities. * * * City of Cape Canaveral Ordinance No. 07-2015 Page 5 of 19 Sec. 110-591. Design principles. The A 1 A Economic Opportunity Overlay District(EOOD)is based upon a set of design principles. These principles are: (1) Consistency: The AlA Commercial corridor features a mixture of development types including community serving retail uses, office buildings, hotels and convention facilities, strip-commercial centers, neighborhood-serving retail, entertainment uses, attractions, and restaurants. Design of these structures has been influenced by use, age, and site dimensions. Within the context of these constraints, developments can achieve the principle of consistency through selection of colors, exterior surface materials, scale,rhythm, proportions, landscaping and sign programs. (2) Activity: Active street life, which can be enhanced by design considerations, is a major component of thriving pedestrian commercial districts. There are many opportunities to insert options for increased street-level pedestrian activity along AlA.Through building orientation, circulation, storefront design and landscaping, development can further promote the principle of safe pedestrian activity. (3) Pedestrian Orientation: Pedestrian orientation can be achieved through storefront ornamentation, reduction of blank surfaces, building articulation, proportion, rhythm, color, and texture. Standards based upon this principle address wall surfaces, windows, awnings, signage, and architectural treatments. (4) Safety: Public safety is critical to the success of a commercial district. Public safety in this case refers not only to safety from criminal activity,but also creating an environment in which pedestrian and automobile traffic can safely coexist. The design and development of commercial centers and the public open space adjacent to them shall include considerations of public safety. Public safety issues can be addressed through site planning considerations such as the location of parking lots, lighting, signage and landscaping. (5) Simplicity: Design Guidelines and Standards for the District shall provide for public convenience by clearly identifying the nature of the business and communicating points of ingress and egress for pedestrian and automobile traffic. These issues can be addressed through architectural treatments as well as through site planning considerations such as the location of parking lots, lighting, signage and landscaping. Sec. 110-592.—Definitions. The following words and phrases, whenever used in this article, shall be construed as defined in this section. Words and phrases not defined herein shall be construed as defined in section 110-1 of this Code. * * * Building Articulation: Architectural features, which serve to add interest to a building, or highlight a site feature. Building articulation can be achieved through undulation of the building façade, changes in building height, highlighting an entrance, etc. City of Cape Canaveral Ordinance No. 07-2015 Page 6 of 19 Building Attachment: Any feature secured to the façade of the building, such as awnings, loggias, arcades, etc. Building Facade: The portion of the building wall that is visible to the public. This includes all four sides of the building. Building Form: The horizontal and vertical organization of building features, as well as the overall shape and site orientation of buildings. Building Opening: Penetrations to the building façade including windows and doors. Building Setback: A line parallel to the property line delineating a zone which cannot be used for buildings. Building Zone: A zone within a property along a street frontage which defines the limits of where the building façade must be located. This zone is generally parallel to the Right of Way and is defined by a minimum and maximum distance from the Right of Way. Massing: The organization of buildings and other structures relative to other District features such as parking areas, streets, and public spaces. Mixed-use development: A type of development which may include one building, set of buildings, or defined project area for more than one purpose and may include any combination of uses, but not limited to residential, retail shops, eating establishments including rooftop restaurants, professional offices, industrial, and civic uses in either a horizontal or vertical setting. Pedestrian Refuge: Pedestrian refuges are areas protected from vehicles or bicycles by curbing, bollards, or other features at the midpoint of the crosswalk. Public Space: Any space that is intended for use by the general public. Public spaces may be privately or publicly owned and maintained. Examples of public spaces can include squares, plazas, greens, courtyards, storefront gathering areas, etc. Service Area: An area of a building site not intended for public access, which is dedicated to business or maintenance functions. Service areas may include dumpster enclosures,loading docks, services, etc. Stepback: A stepback is a setback located on the upper stories floors of a building, typically to reduce the bulk of a building or to provide outdoor floor space. Street wall: The wall of façades created in a pedestrian oriented district when stores are built to the front yard and side yard setback. Street walls can sometimes be used in place of building facades, and shall be designed to imitate the architecture of the building. * * * Sec. 110-605. - General. The Director of Community Development or designee, shall have the authority to render interpretations of this code, to adopted policies and procedures in order to clarify the City of Cape Canaveral Ordinance No. 07-2015 Page 7 of 19 application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent or purpose of this Code. Sec. 110-606. - Procedures for design compatibility approvals. No building permit will be issued for any project, and no person will perform any construction work on a project,until the documents required by section 22-44 of this Code have been submitted to the Community Development Department and approved according to the procedures in Article III of Chapter 22 of this Code. Sec. 110-607. - Plan submittals. A design compatibility approval shall also include the site plan criteria set forth in section 110- 222 of this Code. Sec. 110-608. - Nonconforming uses, structures and buildings. Those legally existing uses, structures and buildings that do not comply with the provisions of this article at the time of its adoption shall be deemed nonconforming and shall be governed by article V of chapter 110 of this Code. Sec. 110-609. - Use matrix. The District is intended to serve as both the main gateway area into the city as well as the main street to the city's proposed Town Center. The following land use matrix (Table 1) identifies the uses which are permitted by right (P), permitted by a special exception (SE), or not allowed (NA). Table 1 - Land Use Matrix *Uses (not a complete listing) C-1 C-2 M-1 Retail P P 1P Personal Services P P 1SE Hotels and Motels P 'P 1SE Banks P P 1SE Waterfront Restaurant P P SE Assisted Living Facility SE 1SE NA 2Pharmacies P P NA 2Flex space (office, showroom, warehouse) SE SE P 2Convenience store w/gas SE SE P 2High tech/ light manufacturing SE P P 2Warehousing NA SE P City of Cape Canaveral Ordinance No. 07-2015 Page 8 of 19 2Off-site cruise ship parking accessory to hotels and SE SE SE motels 3Commercial Parking Facility (minimum lot size of 5 NA NA SE3 acres) 1Port of Call Facility [Permitted pursuant to a P (w/DA) P (w/DA) P (w/DA) Development Agreement (DA)] 'Attraction and Destination uses PD PD PD 'Mixed Use Development uses (i.e. Town Center) PD PD PD 'Added use. 2 Use included to clarify intent of code. *Uses not specifically listed may be approved as a Planned Development (PD). * * * Sec. 110-611.—Property containing both commercial and residential zoning district designations. In the event that a parcel of real property located within the District contains both a commercial and residential zoning district designation, the residential portion of the parcel may be developed in accordance with either the applicable underlying zoning regulations or as an accessory use to the principal commercial development on the commercial portion of the parcel. Accessory uses include but are not limited to restaurant/bar, recreational amenity, boardwalk, sundries, parking structure. Accessory uses and structures shall be constructed or developed only after development of the principal use. Sec. 110-6142-110-620. Reserved. DIVISION 3. - SITE PLANNING Sec. 110-621. - Intent. (1) Site planning involves the proper placement and orientation of structures, structure height, development acreage, open spaces, parking and pedestrian and vehicular circulation on a given site. The purpose of good site design is to create a functional and attractive development, to minimize adverse impacts, and to ensure that a project will be an asset to the community. (2) Proper site planning shall promote harmony between new and existing buildings and shall be sensitive to the scale, form, height, and proportion of surrounding development. Good design with complementary landscaping is a major component in creating vibrant commercial areas that foster a pleasant and desirable character, pedestrian activity, and economic vitality. Factors such as the size and massing of buildings,the orientation of storefronts,and circulation greatly influence the quality of the pedestrian experience. City of Cape Canaveral Ordinance No. 07-2015 Page 9 of 19 (3) Within the District, site planning and design of new buildings and the rehabilitation of existing buildings shall promote continuity of the historic context of buildings (as shown in historic documentation) in relationship to the existing pattern and scale of streets, sidewalks and parking. The guidelines and standards below reinforce the existing historic development patterns (as shown in historic documentation) and provide a site planning framework for both infill developments and rehabilitation and revitalization of existing buildings. Sec. 110-622. - LEED or LEED equivalent design. (1) Intent: LEED (Leadership in Energy and Environmental Design) is a national consensus- based, market-driven building rating system developed by the U.S. Green Building Council to encourage the development and implementation of green building practices. This rating system is incorporated in the categories of site, water, energy, materials, and air quality. The city desires to encourage, where practical, the use of LEED or a LEED equivalent rating system in the design of projects within the District . Sec. 110-623. - Building orientation. (1) Buildings shall be oriented towards Al A, N. Atlantic Avenue and Central Boulevard as well as adjacent cross-streets in order to encourage pedestrian activity along the sidewalks of A 1 AS N. Atlantic Avenue and Central Boulevard and to facilitate pedestrian access to and from the sidewalk to adjacent properties. a. Projects with rear lot lines abutting a street, alley, or parking lot shall incorporate pedestrian entrances at the rear lot line in addition to those on A 1 A, N. Atlantic Avenue and Central Boulevard. Sec. 110-624. - Building height. (1) Building height shall be correlated to the scale of the street along which it faces and shall encourage a comfortable pedestrian-oriented environment. a. The standard building height for projects shall be up to four stories or 45 feet. b. Increased building heights above four stories or 45 feet may be considered up to six stories or 65 feet, if height mitigation measures such as a building stepback (as illustrated in Figure 2 and Figure 2a) or setback are proposed and approved by the community appearance board. Buildings exceeding 45 feet shall provide a stepback of at least 14 feet along all sides facing a public roadway. City of Cape Canaveral Ordinance No. 07-2015 Page 10 of 19 c. Increased building heights above 65 feet may be considered pursuant to a Planned Development(PD)approved by the city council on a case-by-case basis. Building heights above 65 feet shall provide additional stepbacks of at least 14 feet each,at each four story interval or fraction thereof, along all sides facing a public roadway. d. Any single-story structure in which the floor to ceiling height exceeds 15 feet or the exterior façade height exceeds 25 feet, shall be designed to appear like a multistory structure. Exceptions to this requirement may be reviewed and considered for approval by the community appearance board based pursuant to requirements of this article. [picture] Figure 2. Building Height [diagram] Figure 2a.Building Height-Stepback Sec. 110-625. - Building setbacks and Building Zones. (1) Building setbacks. Buildings shall be setback from the right-of-way a sufficient distance to encourage pedestrian activity. City of Cape Canaveral Ordinance No. 07-2015 Page 11 of 19 a. Building setback along Al A shall be a minimum of 15 feet. b. Building setback along all other public streets shall be a minimum of ten feet. c. Except as noted above for stepbacks,building setbacks for the side and rear lot lines shall be a minimum of ten feet. d. Where adopted Fire Codes exceed these standards, the greater setback distances shall apply. (2) Building Zones Building Zones as defined in Sec. 110-592 defines the limits of where the building facade must be located in relation to the right of way line and/or property line. a. The Primary Building Zone (Zone 1) is the area of the building extending from the facade to a depth of ten feet (see Figure 3 and Figure 3a 625-1). b. The Secondary Building Zone (Zone 2) is the area of the building extending from the rear of the Primary Building Zone to a depth of ten feet (see Figure 3 and also Figure 3a). [diagram] Figure 3. Building Zone Diagram City of Cape Canaveral Ordinance No. 07-2015 Page 12 of 19 [picture] Figure 3a. Building Height-Stepback Sec. 110-626.—Building Frontage Building Frontage is the percentage of the width of a lot that is required to be occupied by the building's facade within both the Primary and Secondary Building Zone. a. The maximum building frontage shall not exceed 90 percent of the lot width subject to provision of access as provided in sub-section (c) below. b. Primary Building Zones: i. Within the Primary Building Zone (Zone 1), a minimum of 50 percent and a maximum of 75 percent of the building facade shall be provided. ii. The remaining building facade width shall be located within the Secondary Building Zone(Zone 2). c. A minimum 24 foot access from the primary street shall be required which provides access to parking areas, service areas and or adjacent properties. Where access to the subject property is not provided from the primary street this distance may be reduced to 10 feet and include a public space such as a plaza, pedestrian connection, sidewalk, arcade or similar feature. This area shall not include a wall or other similar feature which creates the appearance of a continuous wall section. City of Cape Canaveral Ordinance No. 07-2015 Page 13 of 19 d. The location of the primary façade's principal plane shall not be changed by façade extensions such as bay windows, awnings, porches, balconies, stoops, colonnades, or arcades, or by upper stories that are closer to or further from the street. e. The width of a porte-cochere may be counted as part of the primary facade. f Modifications from these standards may be considered pursuant to a Planned Development (PD) approved by the city council on a case-by-case basis. Sec. 110-627. - Project size. (1) All uses within a project shall be sized to provide sufficient building setback and to encourage a pedestrian-oriented environment. a. All uses shall have a minimum lot size consistent with the area required to meet the building setback, lot coverage and development standards of the underlying zoning district. b. There shall be no minimum lot size for hotel development within the District. However, there shall be a minimum of 150 units that must be constructed at the same time. c. Building setback, lot coverage and developments that are inconsistent with these requirements may be approved pursuant to a planned development (PD) approved by the city council on a case-by-case basis. Sec. 110-628. - Lot coverage. (1) Buildings and accessory structures shall be sized to maximize the efficient use of the lot. a. Lot coverage (as defined in section 110-1) shall be no more than 80 percent of the developable land area provided the setback, stormwater and landscaping requirements are met. Sec. 110-628. - On-site circulation. (1) Provide easy sidewalk access for pedestrians by locating vehicle access and loading areas where there will be minimal physical or visual impact on pedestrians, the flow of traffic, and/or adjacent uses. a. All vehicular entrances shall, to the maximum extent possible, be located off of a side street or an alley in order to minimize pedestrian and vehicular conflicts. b. Walkways for pedestrian access shall be provided between parking areas and the project. c. Passenger loading zones located on the street shall not impede foot traffic or sidewalks. City of Cape Canaveral Ordinance No. 07-2015 Page 14 of 19 d. Parking lots and structures shall be designed to provide safe pedestrian circulation between parked vehicles and the primary building through the use of clearly marked pedestrian walkways, stop signs, speed bumps, lighting, or other similar measures. e. Pedestrian and vehicular connectivity shall be provided between parcels and a reduction to the need for additional, future curb cuts, and other means of cross access to adjacent parcels shall be encouraged. Sec. 110-630. - Utility and service areas. (1) Utilities, storage areas, mechanical equipment, fire alarms, sprinklers and other service areas shall be located so that they are not visible from the public right-of-way. a. Storage areas and mechanical equipment installed as part of a new project shall be placed to the rear of the site and screened from public view by the use of landscaping, wall or other similar buffer. b. Utilities shall be constructed and installed underground per section 110-482. c. Roof-top equipment shall be screened from view on all sides by an appropriate architectural treatment such as a parapet wall or other architectural feature. Secs. 110-631-110-640. - Reserved. Sec. 110-644. - Building continuity. (1) Maintain building openings that enhance building design and continuity, as well as the pedestrian experience. a. Buildings shall be generally designed to maintain a continuous street wall along the length of a block except to accommodate building articulation pursuant to section 110-643 and maximum building frontage standards pursuant to section 110-626. Sec. 110-654. -Awnings and canopies. (1) Add awnings or canopies to provide variation to simple storefront designs in order to establish a horizontal rhythm between structures where none exists and add color to a storefront. a. The size, scale and color of the awnings shall be compatible with the rest of the building and shall be designed as an integral part of the building architecture. City of Cape Canaveral Ordinance No. 07-2015 Page 15 of 19 b. Awnings and canopies shall be constructed of high quality, substantial materials which must be durable and fade resistant and maintained in good condition and replaced periodically. c. Canopies and awnings that span an entire building are discouraged. The careful spacing of awnings that highlight certain features of a storefront or entryway is encouraged. d. Canopies and awnings shall be located a minimum of eight feet above the sidewalk. Canopies and awnings may extend into the required setbacks by up to 50 percent of the required setback providing they do not impede pedestrian flows and or restrict utility and drainage easements. * * * Sec. 110-669. - Surface parking. (1) Locate surface parking in the rear or side of buildings and provide pedestrian access from the parking to the building and street. However, due to the nature of certain uses, the Director of Community Development or designee may approve up to one row of parking between the front of a building and street. a. A surface parking lot adjacent to a public street shall conform to the landscape requirements detailed in Division 6 of this Article. * * * Sec. 110-670.—Parking structures. City of Cape Canaveral Ordinance No. 07-2015 Page 16 of 19 (1) When a parking structure is included in a project, it shall be integrated into the overall design of a development. a. Parking structures shall be compatible with the main building through a consistency in building material, color and architectural defining features. * * * Sec. 110-687. - Project perimeter. (1) To create visual interest and transition on the project perimeter a landscaped area shall be provided between the adjacent properties and the public right-of- way. a. The landscaped area shall be equal to the full linear length of the property and have a minimum depth of five (5) feet. b. At least fifty (50) percent of the required landscaped area shall consist of landscaping capable of achieving a minimum of thirty (30) inches in height, with one (1) medium or large tree planted for each twenty-five (25) feet or fraction thereof of the linear property length, or one (1) small tree or palm tree planted for each fifteen (15) feet or fraction thereof of the linear property length. When locating trees, consideration shall be given to impact on underground and overhead utility lines. c. The layout of the required landscaped area shall be at the discretion of the owner, such that the required square footage may be aggregated to provide maximum aesthetic value. However, each perimeter requiring landscape must have at least fifty (50) percent of the required landscape along that perimeter. d. Unless otherwise expressly required by this article,the Community Development Director may exempt a perimeter boundary from this section if he determines that the perimeter boundary does not abut a public space, including, but not limited to, a public road, sidewalk or park, and the perimeter boundary does not create any visual interest or transition on the perimeter between adjacent properties. e. Commercial parking facilities subject to section 110-690 are exempt from this section. * * * Sec. 110-689. - Surface parking lots. (1) Buffer off-street parking adjacent to a public right-of-way or residential buildings or residential zoned property with a landscaped barrier. City of Cape Canaveral Ordinance No. 07-2015 Page 17 of 19 a. Interior landscaping for off-street parking shall conform to the requirements of section 110-567 of this Code. b. Minimum landscape buffer width between the right-of-way and the parking or vehicular access area along Al A, Central Boulevard, and N. Atlantic Avenue shall be ten (10) feet and five (5) feet along all other streets. c. A knee wall which is at least 30 inches in height is required when an off-street parking area is located within 25 feet of the public right-of-way. d. A continuous landscape berm at an average height of thirty (30) inches from grade may be permitted in lieu of a required knee wall. e. A knee wall or berm may staggered, meandering or continuous. f. A knee wall or berm shall not obstruct any safe sight distance triangle. g. A knee wall shall be compatible with the architectural design, material, and color of the principal building of the project. h. Lighting shall not be used to create an attraction, distraction, or commercial signage intent to the wall or berm. i. For the purpose of this standard, a Mixed-use building which includes residential units shall not be defined or categorized as a residential building. * * * Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 18th day of August, 2015. City of Cape Canaveral Ordinance No. 07-2015 Page 18 of 19 ROCKY RANDELS, Mayor ATTEST: For Against John Bond ANGELA APPERSON, City Clerk Bob Hoog Buzz Petsos Rocky Randels Betty Walsh 1st Legal Ad published: July 9,2015 First Reading: July 21,2015 2nd Legal Ad published: August 6,2015 Second Reading: August 18,2015 Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 07-2015 Page 19 of 19 City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 08/18/2015 Item No. 10 Subject: Ordinance No. 09-2015; amending Section 2-26 of the City Code regarding City Council Elections to fill Councilmember vacancies; providing for conflicts, severability, incorporation into the Code, and an effective date, first reading. Department: Administrative Services Summary: On August 7, 2015 the City Council held a Special Meeting to discuss and take any action deemed necessary related to the 2015 Municipal Election and the method of filling City Council vacancies created by the resignations of Council Members Hoog and Petsos. As part of the Special Meeting, the City Council adopted an emergency ordinance to call for a Special Election on November 3, 2015 to fill City Council vacancies and outline the election procedures. The ordinance indicates Section 2-26 of the City Code shall not apply to the Special Election. Instead, a separate ballot question will contain the names of individuals who qualify to fill the two vacancies. As a part of the discussion at the Special Meeting, City Council deemed it appropriate to change Section 2-26 for future elections to ensure any Council vacancies would be filled by a separate ballot question from that of the Mayor. The requested changes are outlined in Ordinance No. 09-2015 (Attachment 1). Submitting Department Director: Angela M. Apperson Date: 8/11/2015 Attachment: Ordinance No. 09-2015 Financial Impact: Cost of Ordinance preparation, advertisement, codification and Staff time to prepare the Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/11/2015 The City Manager recommends that City CounciI take the following action: Approve Ordinance No. 09-2015, first reading. Approved by City Manager: David L. Greene Date: 8/11/2015 ORDINANCE NO. 09-2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING SECTION 2-26 OF THE CITY CODE REGARDING CITY COUNCIL ELECTIONS TO FILL COUNCILMEMBER VACANCIES; PROVIDING FOR CONFLICTS, SEVERABILITY, INCORPORATION INTO THE CODE, AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,Article VI of the City Charter provides for at-large elections of the mayor and members of the City Council, and Section 2.06 of the City Charter provides for the filling of vacancies on the City Council; and WHEREAS,the City Council desires to amend Section 2-26 of the City Code for purposes of modifying the manner in which persons are elected to fill vacancies on the City Council during years in which there is a scheduled mayorial election so that the election of mayor shall remain a stand-alone election; and WHEREAS, it is the intent and purposes of this Ordinance to preserve the elector's ability to elect a mayor separate and apart from electing persons to serve as a councilmember; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Section 2-26 of the City Code. That Section 2-26 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions) Sec.2-26.- Elections. All powers and duties of the city specified in the City Charter in the general laws of the state are vested in the city council. The city council is comprised of five members who are elected at large by the registered electors of the city. Two members are elected each year to three-year terms from a single ballot based on City of Cape Canaveral Ordinance No.09-2015 Page 1 of 3 the two candidates receiving the greatest number of votes, except on every third year only one member, who is also the mayor, is elected to a three-year term. Further, should any general election include the election of a council person due to a vacancy in that office pursuant to article II, section 2.06, of the Charter, then the unexpired term shall be filled by the candidate receiving the third-greatest number of votes, or in third-year elections involving only the mayor, the election to the fill the vacancy shall be by separate ballot. Should more than one vacancy be filled at the election, then those receiving the greatest number of votes shall be declared elected for the longest terms. In the event that two or more persons receive an equal and highest number of votes for the same office, such persons shall draw lots to determine who shall be elected to the office in question per Section 100.181, Florida Statutes. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption Page Follows] City of Cape Canaveral Ordinance No.09-2015 Page 2 of 3 ADOPTED,by the City Council of the City of Cape Canaveral, Florida, this day of , 2015. Rocky Randels, Mayor ATTEST: For Against John Bond ANGELA APPERSON, Bob Hoog City Clerk, MMC Buzz Petsos Rocky Randels Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No.09-2015 Page 3 of 3