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HomeMy WebLinkAboutAgenda Packet 10-20-2015THE SPACE BETWEEN SUN + SEA 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 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 October 20, 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. — 6:45 p.m. Proclamation designating the City of Cape Canaveral a "Be Kind Brevard - No Bullying By Anyone, At Any Time, At Any Place - Zone". Proclamation designating the month of October as "National Breast Cancer Awareness Month". Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2014. Interview Applicant for appointment to the Planning and Zoning Board. (Brenda Defoe Surprenant) CONSENT AGENDA: 6:45 p.m. — 6:50 p.m. 1. Approve Minutes for Regular City Council Meeting of September 22, 2015. 2. Award the bid for the North Atlantic Avenue Streetscape Project to Gibbs & Register, Inc. in the amount of $2,756,815.50 and authorize the City Manager to execute the Construction Agreement for same. 3. Resolution No. 2015-17; supporting current version of the draft bill entitled Misuse of Public Office Act; providing for an effective date. City of Cape Canaveral, Florida City Council Meeting October 20, 2015 Page 2 of 3 4. Resolution No. 2015-19; appointing a Member 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. (Brenda Defoe Surprenant) 5. Resolution No. 2015-20; reappointing members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (James Massoni and Andrew Serafin) 6. Award the bid for the Lift Station No. 2 Gravity Sewer Improvements — Phase I to WP Underground Utilities, LLC in the amount of $252,826 and authorize the City Manager to execute the Construction Agreement for same. 7. Approve the purchase of launder covers for the two clarifier units at the Wastewater Treatment Plant from MFG Water Treatment Products in the amount of $47,315 and approve the installation of the covers by The Crom Corporation in the amount of$30,800. 8. Approve City of Cape Canaveral/Florida City Gas Streetscape Reimbursement Agreement. PUBLIC HEARING: 6:50 p.m. — 7:15 p.m. 9. Ordinance No. 11-2015; Ordinance No. 11-2015; amending Sections 110-334, 110-352 and 110-381 of the City Code regarding Automotive Service Stations; permitting Automotive Service Stations in the M-1 zoning district; prohibiting Automotive Service Stations in the C-1 and C-2 zoning districts; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. 10. Ordinance No.12-2015; amending Section 110-381 of the City Code to allow Craft Distilleries in the C-2 Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Code, and an effective date. 11 . Ordinance No. 13-2015; adopting the amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1 , 2014, and ending September 30, 2015; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date, first reading. City of Cape Canaveral, Florida City Council Meeting October 20, 2015 Page 3 of 3 REPORTS: 7:15 p.m. — 7:30 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. 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 / U City Council Meeting Date: 10/20/2015 PRESENTATIONS/INTERVIEWS Subject: Proclamation designating the City of Cape Canaveral a "Be Kind Brevard - No Bullying By Anyone, At Any Time, At Any Place - Zone". Department: Legislative Services Summary: Be Kind Brevard, Inc. (BKB), a Florida not for profit corporation located in Palm Bay, FL, was developed by a local group of concerned volunteers who, using their professional training, resources and personal experiences regarding unkind and bullying situations, provide the community with free information, training, resources and assistance. Their target populations include children, teens, seniors in residential/recreational locations, children with special needs, work places and the general community. October is National Bullying Prevention Month. The City of Cape Canaveral is joining others in Brevard County to support the efforts of BKB to acknowledge and heighten awareness about the serious, negative side effects of bullying and being treated unkind. A Proclamation (Attachment 1) designating the City of Cape Canaveral a "Be Kind Brevard - No Bullying By Anyone, At Any Time, At Any Place -Zone" is being presented to Be Kind Brevard representatives Malak Hammad, Laura Brown and Sonia Guerao. The BKB Flyer (Attachment 2) describes the local campaign to recognize October as National Bullying Prevention Month. BKB is also providing you with their Kindness Pledge and Signature Sheet (Attachment 3) if more than one person is willing to sign a pledge. n Submitting Council Member: Mayor Randels [signature] Date: 10-7-15 Attachments: 1 — Proclamation; 2 — Flyer; 3 — Kindness Pledge & Signature Sheet. Financial Impact: Staff time to prepare Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/8/15 The City Manager recommends that City Council ke the following action: Present the Proclamation designating the City of Cape anaveral a "Be Kind Brevard - No Bullying By Anyone, At Any Time, At Any Place - Zone". Approved by City Manager: David L. Greene [signature] Date: 10/2/15 [city seal] Attachment 1 Official Proclamation City Of Cape Canaveral, Florida WHEREAS,our children,teens,young adults,adults,those with special needs,senior citizens and employees continue to express concern about the bullying and unkind treatment which occurs in our communities,in or near our schools,in residential facilities,in recreational settings,on our roadways and in the work place;and WHEREAS, bullying and unkind behaviors take on many forms, including, verbal, physical, intimidation,racial harassment,social alienation and sexual harassment and can occur in person as well as by cell phone,computer and other electronic devices,and can occur at anytime and anywhere,including while driving;and each day an estimated 160,000 students across the nation stay home from school because they dread the physical and verbal aggression of their peers,the loneliness that comes from being excluded and made the target of rumors and cyberbullying;many more students attend school in a chronic state of anxiety and depression;and WHEREAS, it is important that we acknowledge and heighten awareness about the serious negative effects of bullying and being treated unkind,including the long-term damage it can cause in our youth as well as the risks of teenage suicide attempts and completed suicides;and children who witness bullying often feel less secure,more fearful and intimidated;and children who bully are at greater risk of engaging in more serious violent behaviors;and WHEREAS, healthy and productive employees work in safe and bully-free environments; and unkind work environments can have costly consequences, such as, higher turnover and absenteeism, reduced productivity,negative company reputation,higher medical and mental health costs,and legal costs; providing a safe physical and emotional environment, as well as, preserving good mental hearth, are significant goals and the personal responsibility of each individual;and WHEREAS,the City of Cape Canaveral will collaborate with other local entities to reduce the incidences of bullying and people being treated unkind throughout Brevard County by engaging in activities and solutions that will result in creating a kinder community climate in which bullying behaviors and treating people unkind are not acceptable and rarely occur,and NOW, THEREFORE,I,Rocky Randels,Mayor,of the City of Cape Canaveral,Brevard County, Florida,do hereby proclaim the City of Cape Canaveral a "Be Kind Brevard-No Bullying By Anyone,At Any Time,At Any Place-Zone" This"Be Kind Brevard"designation is a symbol of our commitment to the struggle against bullying and the encouragement of people being treated with more kindness. Signed and Sealed this Day of , [city seal] Mayor Attachment 2 October is National Bullying Prevention Month! What Can We Do Here in Brevard County? • Sign a Kindness Pledge Not to Gossip in a Mean October 21st is National Way: Not to Exclude Anyone: Not to Tease in a Hurtful Way and Not to Call Anyone a Hurtful Name for 20 days, either in person, by cell, Unity Day computer or any other electronic device! • Plan a Peace Week at your school, your work Show Your place, at the community/recreational facility you Support by visit or at the residential place you live in! Wearing or • Distribute "Kindness, Pass it On..." stickers, buttons, cards, pencils, etc. to children, teens, Using Orange! adults and seniors who do something kind and ask them to pass the item on to someone else they see showing kindness! • Create your own activity which focuses on reducing bullying while increasing kindness. Be Kind Visit http://www.pacer.org/bullying/ to brevard learn about Bullying Prevention Month To get a Kindness Pledge (Goal is 5,000 signatures by Oct. 31st) or for more information, call Be Kind Brevard at 321-220-1533 or email us at rruffinprice@bekindbrevard.com BeKind Attachment 3 brevard The Kindness Pledge Please sign this Kindness Pledge to show your support and commitment to decreasing bullying and unkind behaviors while increasing kindness in our community. I will pick a start date, then for 20 days, I pledge to: Not gossip in a mean way about anyone, Not call anyone a hurtful name, Not exclude or leave anyone out and Not tease or make fun of anyone in a hurtful way, either in person, by cell phone, computer or any other electronic device. Also during those same 20 days, I pledge to: Treat the people that I am around or whom I communicate with, with respect and kindness. Please sign and date below or for more than one signature, use the attached Kindness Pledge Signature Sheet! (Signature) (Today's Date) If you have questions or for more information,call Renee' at 321-220-1533 or email us at rruffinprice@bekindbrevard.com or mail us your questions to P.O. Box 100098 Palm Bay FL 32910 B e K i n d Attachment 4 b r e v a r d The Kindness Pledge Signature Sheet The Kindness I pledge to pick a start date,and for 20 days,to: Not gossip in a mean way about anyone; Not call anyone a hurtful name; Not Pledge exclude anyone; Not tease or make fun of anyone in a hurtful way. This includes in person, by cell phone, by computer, or any other electronic device. During those 20 days, I pledge to: Treat the people that I am around or whom I communicate with,with respect and kindness. Printed Name Signature City Please Circle Your Age Group Today's Date 1. under 12; 13-19; 20-55; 56 &over 2. under 12; 13-19; 20-55; 56 &over 3. under 12; 13-19; 20-55; 56 &over 4. under 12; 13-19; 20-55; 56 &over 5. under 12; 13-19; 20-55; 56 &over 6. under 12; 13-19; 20-55; 56 &over 7. under 12; 13-19; 20-55; 56 &over 8. under 12; 13-19; 20-55; 56 &over 9. under 12; 13-19; 20-55; 56 &over 10. under 12; 13-19; 20-55; 56 &over 11. under 12; 13-19; 20-55; 56 &over 12. under 12; 13-19; 20-55; 56 &over To Return Your Completed Be Kind Brevard Palm Bay, FL 32910 Or call Renee' at 321-220-1533 Thank You!! Pledge Forms, Please Mail To P.O. Box 100098 rruffinprice@bekindbrevard.com 4,4,,,, City of Cape Canaveral ,"; ' " tA-1.--ZalCity Council Agenda Form . City Council Meeting Date: 10/20/2015 45g01F--- - PRESENTATIONS/INTERVIEWS Subject: Proclamation designating the month of October as "National Breast Cancer Awareness Month". Department: Legislative Summary: Breast cancer is one of the most common cancers diagnosed in the United States. More than 200,000 women (one out of every eight women) will be diagnosed with breast cancer this year. Understanding the risk factors associated with this illness is essential to prevention. Older women and those with a personal or family history of breast cancer are at greater risk of developing the illness; it is an unpredictable disease with no exact cause; however, learning more about the symptoms and diagnosis and getting mammogram screenings can help with early detection, which is critical to prevention. National Breast Cancer Awareness Month (NBCAM) is an annual international health campaign organized by major breast cancer charities every October to increase awareness of the disease and to raise funds for research into its cause, prevention, diagnosis, treatment and cure. The campaign also offers information and support to those affected by breast cancer. Coming together as a community to support mothers, daughters, sisters, aunts, and all others who have been impacted, we can all strive to inspire and strengthen the cause through education and research to find a cure to ensure a future free from illness. The American Cancer Society raises money for educational programs, and the Susan G. Komen Foundation raises money for research and early detection. Additionally, male breast cancer, which is rare, can often be overlooked. Advocacy groups such as Out of the Shadow of Pink, A Man's Pink and the Brandon Greening Foundation for Breast Cancer in Men joined together to globally establish the third week of October as "Male Breast Cancer Awareness Week" and in most countries the month of October is "National Breast Cancer Awareness Month". The fight for a cure is a never-ending challenge that will one day save the lives of many people. Submitting Council Member: Buzz Petsos [signature] Date: 10-12-15 Attachment: Proclamation Financial Impact: Staff time to prepare Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo [signature] Date: 10/12/15 The City Manager recommends that City Council take the following action: Read the Proclamation. Approved by City Manager: David L. Greene [signature] Date: 10/12/15 [city seal] Official Proclamation City Of Cape Canaveral, Florida WHEREAS, Breast Cancer is one of the most common cancers diagnosed in the United States. More than 200,000 women(one out of every eight women)will be diagnosed with breast cancer this year,and WHEREAS, understanding the risk factors associated with this illness is essential to prevention.Older women and those with a personal or family history of breast cancer are at greater risk of developing the illness,and WHEREAS, Breast Cancer is an unpredictable disease with no exact cause; however, learning more about the symptoms and diagnosis and getting mammogram screenings can help with early detection,which is critical to prevention;and WHEREAS,The American Cancer Society raises money for educational programs,and the Susan G.Komen Foundation raises money for research and early detection;and WHEREAS,coming together as a community to support mothers,daughters,sisters,aunts, and all others who have been impacted,we can all strive to inspire and strengthen the cause through education and research to find a cure to ensure a future free from illness;and groupsWHEREAS, male breast cancer, which is rare, can often be overlooked; and advocacy Out of the Shadow of Pink,A Man's Pink and the Brandon Greening Foundation for Breast Cancer in Men joined together to globally establish the third week of October as"Male Breast Cancer Awareness Week";and WHEREAS,the pink ribbon is the most prominent symbol of breast cancer awareness,and in most countries the month of October is National Breast Cancer Awareness Month;the pink and blue ribbon is used for awareness of male breast cancer; the fight for a cure is a never-ending challenge that will one day save the lives of many people. NOW, THEREFORE,I,Rocky Randels,Mayor of the City of Cape Canaveral,Brevard County,Florida,do hereby proclaim October 2015 as NATIONAL BREAST CANCER AWARENESS MONTH [seal] Signed and Sealed this Day of , Mayor City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/20/2015 Presentations/Interviews Subject: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2014. Department: Legislative Summary: The Government Finance Officers Association (GFOA) has recognized the Financial Services Department for excellence in Financial Reporting by awarding "The Certificate of Achievement for Excellence in Financial Reporting" for its Comprehensive Annual Financial Report (CAFR). The Certificate of Achievement is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The CAFR was judged by an impartial panel to meet the highest standards of the program including demonstrating a constructive "spirit of full disclosure" to clearly communicate its financial story and motivate potential users and user groups to read the CAFR. The GFOA is a nonprofit professional association serving approximately 17,500 government finance professionals. This is the 20th consecutive year that the City of Cape Canaveral's Financial Services Department has received this prestigious award for excellence in financial reporting. The award exemplifies the dedication, knowledge and professionalism of the Financial Services Department Staff. Submitting Council Member: Mayor Rocky Randels Date: 10/9/2015 Attachment: None Financial Impact: Staff time to prepare item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/9/15 The City Manager recommends that City Council the following action(s): Recognize the Financial Services Department with The Certificate of Achievement for Excellence in Financial Reporting. Approved by City Manager: David L. Greene Date: 10/9/15 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/20/2015 PRESENTATIONS/INTERVIEWS Subject: Interview Applicant for appointment to the Planning and Zoning Board. (Brenda Defoe Surprenant) Department: Community Development Summary: On October 7, 2015, the Planning and Zoning Board interviewed Mr. Albert Franks and Ms. Brenda Defoe Surprenant to fill a vacancy. Mr. Franks is a retired real estate appraiser and has served on several community boards in various Florida communities. He states that his primary reason to serve on an advisory board is to use his real estate experience to assist the City in future development (Attachment 1). Ms. Surprenant is a graduate student with the University of Florida who is pursuing a Master's Degree in Urban Planning. She is currently an intern for the City of Cape Canaveral assisting with the preparation of a sustainability plan. She states the reason she applied to serve on an advisory board is that she has a personal and professional investment in the City (Attachment 2). Per City Code of Ordinances Sec. 2-171(c) (5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on Ms. Surprenant's interview and interest in the City of Cape Canaveral Planning and Zoning Board, the Board recommends that she be appointed by the City Council (Attachment 3). Submitting Department Director: David Dickey Date: 10-09-2015 Attachments: #1 —A. Franks Advisory Board Application #2 — B. Surprenant Advisory Board Application #3 — Recommendation Financial Impact: Staff time and effort to prepare Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/9/15 The City Manager recommends that City Council to take the following action: Interview Applicant Brenda Defoe Surprenant. Approved by City Manager: David L. Greene Date: 10/9/15 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171,Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Albert J Franks. Jr 2. Home Address: 792 Bayside Drive, Cape Canaveral, FL 32920 3. Home and Cellular Telephone: H 321-613-2517 C 407-687-6637 4. Occupation: Retired Real Estate Appraiser 5. Business Telephone: N/A 6. Business Address: N/A 7. E-Mail: AJFranks@cfl.rr.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: N/A 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere(no contest)shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s)and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I am interested in using my real estate experience to assist the city in future development 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 2 Board of Adjustment* b. Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. 1 Planning and Zoning Board* Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Please see resume 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you formembership on the desired board or committee. Please see resume D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American X Male Asian-American Female Hispanic-American Not Known Native-American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: [signature] Date: August 3. 2015 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 8/31/15 [signature] Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 ALBERT J.FRANKS RETIRED CERTIFIED REAL ESTATE APPRAISER 792 BAYSIDE DRIVE CAPE CANAVERAL,FLORIDA 32920 407-687-6637 Albert J. Franks is a graduate of Rider University where he specialized in Real Estate. He graduated from Rider University Evening Division with an Associate in Arts Degree in January, 1970 and he earned his Bachelor of Science Degree in September, 1971. He was licensed as a Real Estate Sales Representative in 1968 and received his Broker's license in February, 1974. He has been an approved instructor of the State of New Jersey for the Real Estate Licensing course and was a member of the faculty of the Real Estate Preparatory School. He was approved by the New Jersey State Department of Education as an instructor in Real Estate Appraising. From 1983-1986 he was a Project Manager for the conversion of 800 apartments to condominiums for General American Real Estate and Development. He relocated to Florida in 1995 and is a retired State Certified Residential Appraiser. Listed below are the Real Estate courses he has attended and a list of the professional organizations of which he is a member. EDUCATION: RIDER UNIVERSITY Real Estate Principles Real Estate Financing Real Estate Appraising Land Economics NATIONAL ASSOCIATION OF INDEPENDENT FEE APPRAISERS COURSES Financial Analysis of Income Properties Introduction to Income Property Appraising Professional Standards of Practice Concepts,Terminology and Techniques Market Abstraction Review Report Writing of Residential Real Estate Appraising Residential Review Appraising Condemnation Appraising 1 Albert J. Franks resume Basic Residential HUD Appraisal Requirements Construction and Development of Residential Real Estate Professional Standards of Practice Residential Cost Approach Commercial Cost Approach FHA Appraisals and Changes SOCIETY OF REAL ESTATE APPRAISERS COURSES Introduction to Appraising Real Property Applied Residential Valuation Narrative Report Seminar ORGANIZATIONS: COCOA BEACH REGIONAL CHAMBER OF COMMERCE 2015-PRESENT BAYSIDE CONDOMINIUM BOARD OF DIRECTORS 2012-2013 CO-FOUNDER CHRISTMAS BIKE PROGRAM PRESIDENT,2001-2012 BOARD OF DIRECTORS,2012-PRESENT 501(C)3 CORPORATION DONATING NEW BIKES TO UNDERPRIVILEGED CHILDREN AT CHRISTMAS CITY OF OVIEDO REGIONAL CHAMBER OF COMMERCE, 1995-2012 CHAMBER PRESIDENT 2001-2002 CITY OF OVIEDO LAND PLANNING BOARD 2000-2002 SEMINOLE COUNTY HABITAT FOR HUMANITY BOARD OF DIRECTORS 2000-2002 CITY OF OVIEDO BOARD OF ADJUSTMENTS, VICE CHAIRMAN 1998-2000 2 Albert J. Franks resume Attachment 2 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171,Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Brenda Defoe Suprenant 2. Home Address: 218 Long Point Rd Cape Canaveral 32920 3. Home and Cellular Telephone: 954 478 6774 4. Occupation: Graphic Designer/Student 5. Business Telephone: 6. Business Address: 7. E-Mail: Brenda.Defoe@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication,or a felony in any jurisdiction?Any plea of nob contendere(no contest)shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do yqu presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 58, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s)and relationship to you: C.. INTERESTS/EXPERIENCE 1. Briefly state your interest in-serving on a City advisory board or committee: TEacoNAI '1 ?tzFESSitiVAL IN VES tkAV r IN epiNAV AL s ctctLutc 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. 2 Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. Construction Board of Adjustment and Appeals* f. 3 Culture and Leisure Services Board g. Library Board h. 1 Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: N/A 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Graphic Design Professional Graduate Student stufying urban planning & sustainability D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER X African-American Male Asian-American X Female Hispanic-American Not Known Native-American Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at(321) 868-1220 ext. 221. Signature: [signature] Date: 8/31/2015 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: 8/31/15 [signature] Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 PHONE 954 478 6774 BRENDA DEFOE SURPRENANT EMAIL brenda.defoe@gmail.com Every level of the EDUCATION MASTER OF ARTS I URBAN AND REGIONAL PLANNING human experience University Florida Gainesville, Florida Expected Graduation.Spring 2016 seeks to find beauty BACHELOR OF FINE ARTS 1 GRAPHIC DESIGN University Of Central Florida in something; Orlando, Florida Graduation 512006 something to feed not only the EXPERIENCE ECONOMIC DEVELOPMENT/SUSTAINABILITY INTERN 612015- PRESENT mind or the spirit, City of Cape Canaveral I Cape Canaveral, FL but the physical GRAPHIC DESIGNER 312011 - PRESENT Wyndham Vacation Ownership I Orlando, FL Thus,1 hus, FREELANCE GRAPHIC DESIGNER 2011 -2012 Scholastic Book Fairs I Lake Mary. FL urban planning FREELANCE GRAPHIC DESIGNER 912010-312011 Wildcat Territory, Cancer101 & Cline Davis& Mann I New York, NY €4 design is the GRAPHIC DESIGNER 612007-712010 Progressive Communications I Lake Mary, FL art of creating GRAPHIC DESIGNER 912006 -5/2007 beauty in the built Orange County Government Parks and Recreation I Orlando. FL PRODUCTION DESIGNER 112006-812006 environment. UCF University Marketing / Orlando, FL SKILLS QUALIFICATIONS Graphic Design Research Experience Adobe Photoshop Urban Planning &Sustainability Presentation Creation Adobe Illustrator Project Management Project Management Microsoft Office Digital Asset Management ArcGIS Nik SoftwarelViveza Adobe InDesign Typography/Print/Design Attachment 3 105 Polk Avenue, Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL P.O. Box 326 321-868-1222 Community Development Memo TO: Cane Canaveral City Council VIA: David L. Greene, City Manager FROM: David Dickey,Community Development Director DATE: 10/08/2015 RE: Recommendation to the City Council—Planning and Zoning Board Applicant Brenda Defoe Surprenant At the October 7,2015 Planning and Zoning Board meeting, the Board interviewed Albert Franks and Brenda Defoe Surprenant to fill a current vacancy. By a vote of 4-1,the Board recommended Ms. Surprenant for appointment. CITY COUNCIL REGULAR MEETING #1 CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY September 22, 2015 5:30 PM MINUTES CALL TO ORDER: Mayor Pro Tern Hoog called the Meeting to Order at 5:30 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Mayor Pro Tem Bob Hoog Council Member Buzz Petsos Mayor Rocky Randels (arrived 5:32 p.m.) Council Members Absent: Council Member Betty Walsh Others Present: City Manager David L. Greene Assistant City Attorney Kim Kopp 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 Brevard County Sheriff Major Paul Ring Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: John Benton expressed concern over individuals living in storage units at the Space-Mann Mini-warehouse and his dissatisfaction with the Code Enforcement Process. Mayor Randels indicated the City Council would not take any action on this item. Mike Brown thanked Elected Officials and City Staff for their hard work and dedication. He introduced himself as a Candidate for City Council and provided details of his work history/civic involvement. City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 2 of 5 CONSENT AGENDA: Mayor Randels asked for items five and six to be removed from the Consent Agenda for discussion. He inquired if any other items are to be removed, to which a negative response was received. 1. Approve Minutes for Special City Council Meeting of August 7, 2015, Regular City Council Meeting of August 18, 2015 and Special City Council Meeting of September 8, 2015: 2. Approve Change Order#1 to Wm. Turnbaugh Construction, Inc., in the amount of $48,350.00 for the Adams Avenue Gap Sidewalk Project; and authorize the City Manager to execute the same: 3. Approve the preliminary plat for the purpose of developing the New City Hall Facility— 100 Polk Avenue: 4. Approve the amended Transportation Impact Fee Trust Fund Disbursement Agreement between Brevard County and City of Cape Canaveral for construction of complete streets improvements to North Atlantic Avenue and authorize the Mayor to execute the same: 5. Approve Application for Reduction or Satisfaction of Code Enforcement Lien, Case No. 10-00150, 7000-7008 N. Atlantic Avenue from $2,188.75 to $1,094.38: 6. Approve Application for Satisfaction or Release of Code Enforcement Liens, Case No. 12-00083, 8209 Canaveral Blvd, Unit 2-D from up to $92,850.00 to $10,000.00: 7. Resolution No. 2015-13: authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for an effective date: 8. Resolution No. 2015-14; authorizing an agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for an effective date: 9. Resolution No. 2015-16; reappointing members to the Board of Adiustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (Douglas Raymond, Mary K. Russell, John Dattilo, Barry Schoenholz, Marlene Woodside and Marilyn Nicholas): A motion was made by Council Member Petsos, seconded by Council Member Bond,for approval of Consent Agenda Items 1, 2, 3,4, 7, 8 and 9.The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 3 of 5 #5 — Discussion ensued and included: the details of the Code Enforcement Case; information presented by Mr. John Beasley; an urging from City Manager Greene to accept the recommendation of the Code Enforcement Board, which is also supported by Staff. A motion was made by Council Member Bond, seconded by Mayor Randels to approve the reduction of a Code Enforcement lien from $2,188.75 to $1,094.38. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. #6—Discussion ensued and included: details of the Code Enforcement Case, that no one was present to answer questions, whether restitution was provided to the adjoining unit owners who were adversely affected by this violation, an urging from City Manager Greene to move forward with the lien reduction and for City Council not to get involved in private legal matters. A motion was made by Council Member Petsos, seconded by Council Member Bond, for approval of a lien reduction from $92,850.00 to $10,000.00. The discussion continued and included: this is something the State Legislature needs to correct; an acknowledgement that the bank could not enter the property until the property was in their possession, however the length of time for repairs in this case was unacceptable; a suggestion to reduce the lien to $39,900.00 or $25,250.00 instead of $10,000.00; an urging from City Manager Greene to be mindful that the property is vacant, the lien amount is in excess of the appraised value, that the City has less expense than the recommended lien reduction and by approval of a lien reduction, Staff could spend time on other items; the lien reduction process and the prohibition to re-apply for a reduction for a yearand the reiteration of several points from the case file. The motion failed 2-2 with voting as follows: Council Member Bond, Against; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, Against; and Council Member Walsh, Absent. (See below for additional information) PUBLIC HEARING: 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, second reading: Assistant City Attorney Kopp read the ``Ordinance title into the record. Mayor Randels provided an overview of the details which led to the Ordinance. The Public Hearing was opened. Brendan McMillin advocated for the adoption of the Ordinance. The Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Mayor Pro Tern Hoog, for approval of Ordinance No. 09-2015. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. 11. a. Resolution No. 2015-15, adopting a Final 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: Assistant City Attorney Kopp read the Resolution title into the record, indicated this is the final adoption hearing for the millage rate, the rolled back rate is 3.5513 and the proposed rate is 3.5432 mills, which is less than the rolled back rate. Discussion ensued and included City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 4 of 5 that property owners may still see their tax bill increase because of a change in the assessed value of the property; that Homesteaded property is capped at CPI or 3% increase and commercial property is capped at 10%; compliments to Staff for the reduction in millage rate; great work of Staff, that Cape Canaveral is the only City that is going below rolled-back, to which a round of applause was given. No comments were received from the public. A motion was made by Mayor Pro Tem Hoog, seconded by Council Member Petsos,for approval of Resolution No. 2015-15.The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. b. Ordinance No. 10-2015, adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds, and Agency Fund Budgets for the.Fiscal Year beginning October 1, 2015, and ending September 30, 2016; providing for an effective date, second reading: Assistant City Attorney Kopp read the Ordinance title into the record. Mayor Randels noted the advertisement date and opened the Public Hearing: No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Bond,for approval of Ordinance No. 10-2015. Mayor Randels noted the Budget must be balanced and is $ 36,484,935.00 for Fiscal Year 15/16. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tern Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. Mayor Randels explained the positive outcome (no deficiencies) of a random inspection of the Cape Canaveral Volunteer Fire Department and the two year contract with Brevard County Sheriffs Office. ITEMS FOR ACTION: 12. Approval of the Prismatic Branding Effort: Stephanie Darden thanked her dad Lyman, who previously lived in Cape Canaveral and thanked City Staff for all their work to complete this process. She reviewed the Brand Activation Proposal and showed the Brand Video. Discussion ensued and included: the team work that went into the Branding effort;the need for the brand to be fresh and welcoming; the tag line "The Space Between _ + _"; a new website, which is budgeted; prior skepticism of whether this study would be shelved and the delight that Staff is already moving it forward; the belief this Project has opened the door to many opportunities; the possibility of an art contest for murals is well worth the effort; how the Project will be implemented beyond the website and the possibility of it being shown at the Exploration Tower. A motion was made by Council Member Petsos, seconded by Council Member Bond, to approve the Branding Effort. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. City Manager Greene explained an individual is now present for the Application for Satisfaction or Release of Code Enforcement Lien, Case No. 12-00083, 8200 Canaveral Blvd, Unit 2-D and requested the City Council re-consider the Item. A motion was made by Council Member Bond, seconded by Mayor Randels, to reconsider Item #6. The City of Cape Canaveral, Florida City Council Regular Meeting September 22, 2015 Page 5 of 5 motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. Tina Adamson apologized for being late to the Meeting; she thought it started at 6:00 p.m. Ms. Adamson explained the struggles to get a competent contractor to complete the work; indicated the buyer is ready to close on Friday if the lien is reduced to $10,000.00 and noted leaving the property empty for another year does not benefit anyone. She explained the process used by Bank of America to assign the property to a realtor who will work with the firm, Safeguard, that sub-contracts to general contractors to make necessary repairs to the property. City Manager Greene urged for approval of the lien reduction. A motion was made by Council Member Petsos, seconded by Mayor Pro Tem Hoog, for approval of Staff/Code Enforcement Board's recommendation to reduce the lien to $10,000.00. The motion carried 4-0 with voting as follows: Council Member Bond, For; Mayor Pro Tem Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, Absent. REPORTS: Mayor Randels noted the birthday of Joyce Hamilton, for which she was congratulated. Council Member Bond thanked City Staff for their work on the Budget and indicated the next month and a half will be interesting because of the amazing set of candidates. Council Member Petsos complimented the Leisure Services Department on the Kite Festival. He noted the student population at Cape View Elementary is well over the projected number and is currently 428 students. Mayor Randels noted his attendance at a presentation where Carol Craig was recognized as the 2015 Entrepreneur of the Year; he apologized for being late to the Meeting and noted an opportunity for either of the two mayor candidates on September 28/29 to meet the New Secretary of Transportation; and noted his attendance at the Governor's dinner meeting on September 28, 2015. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:14 P.M. Rocky Randels, Mayor Angela M. Apperson, MMC, City Clerk City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/20/2015 Item No. Subject: Award the bid for the North Atlantic Avenue Streetscape Project to Gibbs & Register, Inc. in the amount of $2,756,815.50 and authorize the City Manager to execute the Construction Agreement for same. Department: Public Works Services Summary: Public Works Services (PWS) invited qualified Licensed Contractors in accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for construction of the North Atlantic Avenue Streetscape Project. The Project work area extends from SR A1A to the northern City Limits near George King Boulevard and includes the construction of stormwater swales, sidewalks, a pedway and other infrastructure improvements. Other corridor improvements include improved lighting (solar-powered), landscaping upgrades, decorative bus shelters, extension of reclaimed water lines and decorative crosswalks. The Streetscape Project is scheduled to be initiated on January 4, 2016 after the installation of a high-pressure gas line beneath the northbound travel lane of North Atlantic Avenue by Florida City Gas Company (FCG). As the gas line is installed, the roadway will be temporarily patched with asphalt as the FCG contractor progresses northward from SR A1A. It is anticipated that the gas line installation will be completed in December 2015. Upon completion of the City's streetscape project, FCG will compensate the City approximately $350,000 so that the City's contractor can then re- pave North Atlantic Avenue. Both contractors will need to closely coordinate their work activities to limit pedestrian and vehicular traffic disruption in the North Atlantic Avenue corridor. Staff advertised this re-bid opportunity on July 2, 2015 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid information to the Onvia, Inc., bid service. Three sealed bid submittals were received and publicly opened at the Wastewater Treatment Plant (WWTP) Training Room on August 4, 2015. PWS Staff, consulting engineering staff and FDOT staff analyzed the bid submittals and recommend that the City contract with Gibbs & Register, Inc. of Winter Garden, Florida, which provided the low bid in the amount of $2,756,815.50. A summary of the three sealed bids submitted for the Project is included as Attachment #1. A proposed Construction Agreement with Gibbs & Register, Inc. is included as Attachment#2. Funding for the Streetscape Project is from the following sources: • Brevard County (Transportation Impact Fee Trust Fund Disbursement Agreement - $868,732.89); • FDOT (Local Agency Program Agreement - $1,939,821.00); • FCG (FCG Reimbursement Agreement— approximately $350,000.00); and • City's Tree Mitigation Fund ($130,225.40). A portion of the Brevard County funds ($398,683.39) has already been spent for engineering design, surveying and utility relocation expenses. In addition, Staff is currently negotiating for Civil Engineering and Inspection (CEI) services with an City Council Meeting Date: 10/20/2015 Item No. 2 Page 2 of 2 engineering firm as required by FDOT. Costs for the CEI services, which are typically 5% to 7% of total project costs, will also be from City funds. It is important to note that FDOT funds for this Project can only be spent on construction items such as sidewalks, the pedway, landscaping, etc. FDOT funds cannot be spent on specialty items such as solar-powered lighting, decorative crosswalks, decorative bus shelters, etc., which will be installed at a later date with City funds. Submitting Department Director: Joyce Muse Date: 10/09/15 Attachments: #1 — Bid Tally Sheet #2 — Construction Agreement Financial Impact: $2,756,815.50 for the North Atlantic Avenue Streetscape Project awarded to Gibbs & Register, Inc funded by North Atlantic Improvement Fund. Staff time to prepare this Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10-12-15 The City Manager recommends that City ncil take the following actions: Award the bid for the North Atlantic Avenue Streetscape Project to Gibbs & Register, Inc. in the amount of $2,756,815.50 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene Date: 10/12/15 City of Cape Canaveral Bid Tally Sheet- North Atlantic Avenue Streetscape Improvements Bid No. 2015-06_R WWTP Training Room 601 Thurm Boulevard Tuesday,August 4,2015 (2:15 PM) Firm Location Bid Amount Gibbs &Register, Inc. Winter Garden, FL $2,756,815.50 Masci General Contractor, Inc. Port Orange,FL $2,871,015.55 Watson Civil Construction, Inc. St. Augustine,FL $3,048,960.75 Attachment 1 Page 1 of 1 Attachment 2 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida CONSTRUCTION AGREEMENT This Agreement made this day of , 2015 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (herein referred to as"City")and GIBBS&REGISTER, INC., a Florida corporation, located at 232 South Dillard Street,Winter Garden, Florida 34787(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 the North Atlantic Avenue Streetscape Project, as set forth in the Scope of Services,attached hereto as Exhibit"A",and fully incorporated by this reference. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; the Engineering Plan and Drawings prepared by Quentin L. Hampton Associates, Inc., dated February 2015; Bid #2015-06(R) Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General Conditions, if any; Supplemental Terms and Conditions by the CITY, if any; Supplemental Terms and Conditions by the Florida Department of Transportation (FDOT), if any; 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, Exhibits and Addenda;CONTRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions;or e. Engineering Plans and 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 the Work within thirty(30)days after the issuance of a written Notice to Proceed and shall complete the Work within 300 calendar days from the date of the Notice to Proceed. 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 City of Cape Canaveral/Contractor Page 1 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida 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 complete 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-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 two million, seven hundred fifty six thousand,eight hundred fifteen dollars and fifty cents($2,756,815.50). 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 benefit 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 white 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 City of Cape Canaveral/Contractor Page 2 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida 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. 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, 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 CONTRACTOR 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 the Contract, or receipt 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; City of Cape Canaveral/Contractor Page 3 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida 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. 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, Jeff Ratliff 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 Work Site for Inspections.The CITY shall be given free access to the Work Site at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite 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. City of Cape Canaveral/Contractor Page 4 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida c. Furnishing of Labor, Materials, etc. CONTRACTOR shall 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. 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 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 City of Cape Canaveral/Contractor Page 5 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida 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 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-CONTRACTOR shall supply a materials, performance and payment bond(s)in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 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$2,000,000 for all of its employees performing work for the CITY pursuant to this Agreement. City of Cape Canaveral/Contractor Page 6 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida 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 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 Worker's 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 paragraph 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. 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_ 29. 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 City of Cape Canaveral/Contractor Page 7 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida 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. 30. 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). 31. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 32. 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. 33. 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. 34. 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. 35. 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 overnight 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 Gibbs&Register, Inc. David L.Greene,City Manager Attn: City of Cape Canaveral/Contractor Page 8 of 9 North Atlantic Avenue Streetscape Project Cape Canaveral, Florida 105 Polk Avenue 232 South Dillard Street Cape Canaveral, FL 32920 Winter Garden, Florida 34787 Phone: 321-868-1220 Phone: 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. CONTRACTOR: WITNESSES: 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 Council Agenda Form [city seal] City Council Meeting Date: 10/20/2015 Item No. 8 Subject: Resolution No. 2015-17; supporting current version of the draft bill entitled Misuse of Public Office Act; providing for an effective date. Department: Administrative Services Summary: Legislation, currently referred to as the Misuse of Public Office Act, has been proposed for the 2016 session of the Florida Legislature by Gannet Newspapers Inc, including the Florida Today, and is being sponsored in the State Senate by Senator Donald J. Gaetz. The current legislation regulating ethical violations in the State of Florida has gaps which allow obvious ethical violations to go unpunished. These violations erode the public trust in government, which affects all public officials. The stated purpose of the proposed legislation (see Attachment 1, Exhibit "A" to Resolution No. 2015-17) is to address certain limitations and issues currently contained in State law that, to date, have foreclosed the ability of law enforcement and state attorneys to pursue certain persons who may have been involved in conduct that would otherwise constitute improper behavior and/or corruption, but for the language currently contained in state Law. As reported in Florida Today (see Attachment 2) the 20-member Florida Prosecuting Attorneys Association, including State Attorney Phil Archer, whose district includes Brevard County, voted unanimously to support two changes to Florida Statutes. One change would broaden the definition of "public servant" to include government contractors. The other would eliminate the little-known and unusual requirement that prosecutors prove defendants acted with corrupt thoughts or "intent." The City of Satellite Beach encouraged support of the legislation and adopted a resolution supporting the current version of the draft bill at its City Council Meeting of October 7, 2015. Submitting Department Director: Angela Apperson Date: 10/04/2015 Attachments: #1 — Resolution No. 2015-17; #2 — Florida Today article dated 9/24/15 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/6/15 The City Manager recommends that City Council ke the following action: Adopt Resolution No. 2015-17. Approved by City Manager: David L. Greene Date: 10/6/15 Attachment 1 RESOLUTION 2015-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, SUPPORTING CURRENT VERSION OF THE DRAFT BILL ENTITLED MISUSE OF PUBLIC OFFICE ACT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral is and has been concerned with ethics and public trust in government, and WHEREAS,the current legislation regulating ethical violations in the State of Florida has gaps which allow obvious ethical violations to go unpunished; and WHEREAS, the City Council finds that unpunished ethical violations erodes the public trust in government, which affects all public officials; and WHEREAS, legislation, currently referred to as the Misuse of Public Office Act, has been proposed for the 2016 session of the Florida Legislature by the Gannet Newspapers Inc, including the Florida Today,and is being sponsored in the State Senate by Senator Donald J.Gaetz; and WHEREAS,the stated purpose of the proposed legislation is to address certain limitations and issues currently contained in state law that, to date, have foreclosed the ability of law enforcement and state attorneys to pursue certain persons who may have been involved in conduct that would otherwise constitute improper behavior and/or corruption, but for the language currently contained in state law; and WHEREAS, the City Council of the City of Cape Canaveral supports the premise of the proposed legislation, as currently drafted; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida that it supports the adoption of the Misuse of Public Office Act attached hereto as Exhibit"A". BE IT FURTHER RESOLVED, that the City Clerk transmit a certified copy of this resolution to the Office of Senator Gaetz and the Office of Governor Rick Scott. THIS RESOLUTION shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. (Adoption/Signature page follows) City of Cape Canaveral Resolution No. 2015-17 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of October, 2015. Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, MMC Bob Hoog City Clerk 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.2015-17 Page 2 of 2 Exhibit"A" Senate Bill 15- An act relating to the abuse of public office; amending Florida Statutes Section 838 otherwise entitled the "Misuse of Public Office Act" by creating a short title; by creating a statement of legislative intent; by deleting s. 838.014 (4) defining "corruptly" or "with corrupt intent;" by creating a new s. 838,014 (4) defining "government entity;" by creating a iiew s. 838.014 (6) defining `intentionally"and "knowingly;" by creating s. 838.014 (7)defining"non- governmental entity;" by amending s. 838.014 (6) (a)with respect to the definition of a "public servant;"providing for the renumbering of the sections of s. 838.014; amending ss. 838.015 (1), 838.016 (1), 838.016 (2), 838.022 (1), 838.22 (1) and 838.22(2) by the deletion of the words: "corruptly" and "with corrupt intent" and by the insertion therefore of the phrase: "intentionally or knowingly";and providing for an effective date. Be it Enacted by the Legislature of the State of Florida: Section 1.Section 838,Florida Statutes, is amended to read: 838.001 Short title.-- this act may be cited as the Misuse of Public Office Act of 2015. Section 2. Section 838,Florida Statutes, is amended to read: 838.002 Legislative intent.-- The legislature intends to amend Florida Statute Chapter 838 in order to strengthen the provisions and penalties against corrupt public officials and those persons who either aid and abet public officials or seek through their action to bribe or improperly solicit action or aid from public officials for their own personal gain or that of the public officials. Further,the legislature intends to amend Florida Statutes Section 838.014 to prevent the circumvention of the intent and spirit of the laws which criminalize and punish corruption of public officials and those persons who participate in such corruption. This act facilitates charging and convicting corrupt public officials and those persons who aid and abet them or otherwise participate in such corruption while preserving the constitutional rights of any accused. This act will accomplish the foregoing by amending Florida Statutes s. 838.014 to include officers or employees of governmental entities and representatives of non-governmental entities who have heretofore escaped prosecution for corruption based upon technicalities of non-inclusion in the statute. This act, by including previously un-included individuals who have acted corruptly but have been technically not within the purview of Florida statutes Chapter 838 will act to preserve and promote public trust in the legal system which has all too often let guilty individuals go free or not be charged because they are technically outside the definition of public servant found in Florida Statute s.838.014. Furthermore,this act will strengthen Florida Statutes Chapter 838 by removing the definition and the element of"corruptly" or "with.corrupt intent" from all criminal violations February 4,2015 Page 1 specified therein. The foregoing amendment is just because all criminal statutes already require criminal intent and a higher burden of proof, but under Chapter 838, as currently written, certain individuals are unjustly protected from prosecution. Section 3. Section 838.014,Florida Statutes, is amended to read. 838.014 Definitions.-- As used in this chapter,the term: (1) "Benefit" means gain or advantage, or anything regarded by the person to be benefitted as a gain or advantage, including the doing of an act beneficial to any person in whose welfare he or she is interested, including any commission, gift, gratuity, property, commercial interest, or any other thing of economic value not authorized by law, (2) "Bid" includes a response to an "invitation to bid," "invitation to negotiate," "request for quote,"or"request for proposals"as those terms are defined in s.287.012. (3) "Commodity" means any goods, merchandise, wares, produce, chose in action, land, article of commerce, or other tangible or intangible property, real, personal, or mixed, for use, consumption,production,enjoyment,or resale. (4) "Government entity" means the State of Florida, including the judiciary, the legislature and the executive, or any department, agency, bureau, division or agent of the state; municipalities; counties; school boards; special districts; and other local entities created by general or special law or local ordinance; regional planning councils; metropolitan planning organizations; water supply authorities; local health councils; water management districts; and other regional entities that are authorized and created by general or special law. (5) "Governmental function" or "governmental service" for purposes of Chapter 838 means performing a function or serving a governmental purpose which could properly be performed or served by an appropriate governmental unit or which is demonstrated to perform a function or serve a purpose which would otherwise be a valid subject for the allocation of public funds. (6)"I-larmn" means pecuniary or other loss,disadvantage,or injury to the person affected. (7)"Intentionally"or"knowingly" means that the act was done with full knowledge, voluntarily, and not because of mistake or accident. (8) "Non-government entity" means any person, corporation, cooperative, association, partnership, organization, alliance, or similar body, whether operating for profit or not, which is not a"government entity"as that term is defined in s. 838.014 (4). February 4,2015 Page 2 (9)"Public servant" means: (a) Any officer or employee of a governmental entity (b)Any legislative or judicial officer or employee; (c) Any person, except a witness, who acts as a general or special magistrate, receiver, auditor, arbitrator, umpire, referee, consultant, or hearing officer while performing a governmental function;or (d)A candidate for election or appointment to any of the positions listed in this subsection, or an individual who has been elected to, but has yet to officially assume the responsibilities of, public office. (e) Any officer, director, partner, manager, representative, or employee of a non-governmental entity, private corporation, quasi-public corporation, or quasi-public entity. or anyone covered under chapter 119 that is authorized by law or contract to perform a governmental function or provide a governmental service on behalf of the state, county, municipal, or special district agency or entity to the extent that the individual's conduct relates to the performance of the governmental function or provision of the governmental service. (10)"Service"means any kind of activity performed in whole or in part for economic benefit. Section 4. Section 838.015 (1) is amended by the deletion of the word: "corruptly" and the insertion therefor of the term: "intentionally or knowingly,"to read as follows: 838.015 Bribery.-- (1) "Bribery" means corruptly to intentionally or knowingly give, offer, or promise to any public servant, or, if a public servant, corruptly to intentionally or knowingly request, solicit, accept, or agree to accept for himself or herself or another, any pecuniary or other benefit not authorized by law with an intent or purpose to influence the performance of any act or omission which the person believes to be, or the public servant represents as being, within the official discretion of a public servant, in violation of a public duty, or in performance of a public duty. February 4,2015 Page 3 Section 5. Section 838.016 (I)and (2)are amended by the deletion of the word:"corruptly"and the insertion therefore of the term: "intentionally or knowingly,"to read as follows: 838.016 Unlawful compensation or reward for official behavior.-- (1) It is unlawful for any person corruptly to intentionally or knowingly give, offer, or promise to any public servant, or, if a public servant, eortptly to intentionally or knowingly request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law, for the past, present, or future performance, nonperformance, or violation of any act or omission which the person believes to have been, or the public servant represents as having been, either within the official discretion of the public servant, in violation of a public duty, or in performance of a public duty. Nothing herein shall be construed to preclude a public servant from accepting rewards for services performed in apprehending any criminal, (2) It is unlawful for any person corruptly to intentionally or knowingly give, offer, or promise to any public servant, or, if a public servant, corruptly to intentionally or knowingly request, solicit, accept, or agree to accept, any pecuniary or other benefit not authorized by law for the past, present, or future exertion of any influence upon or with any other public servant regarding any act or omission which the person believes to have been,or which is represented to him or her as having been, either within the official discretion of the other public servant, in violation of a public duty, or in performance of a public duty. Section 6. Section 838.022 (1) is amended by the deletion of the words: "with corrupt intent" and the insertion therefore of the term:"intentionally or knowingly,"to read as follows: 838.022 Official Misconduct.-- (1) It is unlawful for a public servant, to intentionally or knowingly obtain a benefit for any person or to cause harm to another, to: February 4,2015 Page 4 Section 7. Section 838.22 (1) and (2) are amended by the deletion of the words: "with corrupt intent"and the insertion therefore of the term:"intentionally or knowingly,"to read as follows: 838.22 Bid Tampering.-- (1) It is unlawful for a public servant, to intentionally or knowingly influence or attempt to influence the competitive bidding process undertaken by any state, county, municipal, or special district agency, or any other public entity, for the procurement of commodities or services, to: (2) It is unlawful for a public servant, to intentionally or knowingly obtain a benefit for any person or to cause unlawful harm to another, to circumvent a competitive bidding process required by law or rule by using a sole-source contract for commodities or services. Section 8. Except as otherwise provided,this act shall take effect July 1,2015 February 4, 2015 Page 5 Attachment 2 Prosecutors unanimously support changes Elm itt Rccd. FLORIDA TODAY 6:24 a.m. EDT September 24, 2015 [picture] The 20-member association of state attorneys voted unanimously to support two changes to Florida statutes, said State Attorney Phil Archer, whose district includes Brevard and Seminole counties.(Photo: CRAIG RUBADOUX/FLORIDA TODAY) Reforms that would enable more prosecution of public corruption have already been endorsed by Florida's top prosecutors. The 20-member association of state attorneys voted unanimously to support two changes to Florida statutes, said State Attorney Phil Archer, whose district includes Brevard and Seminole counties. One change would broaden the definition of"public servant"to include government contractors —an increasingly common scenario as state and local governments privatize services. The other would eliminate the little-known and unusual requirement that prosecutors prove defendants acted with corrupt thoughts or"intent." "The vote was 20-0 to support the changes that I proposed,"Archer said, referring to a proposed bill drafted in cooperation with Gannett news sites in Florida. He pitched the bill's two key ideas last month to the Florida Prosecuting Attorneys Association. "Every one of them were like, 'Of course ... this just makes sense,"'Archer said. "There was zero concern about these two changes because they're really very simple." Many potential corruption cases involve contractors who conspire with public officials,pay bribes or kickbacks and tamper with bids. Few are ever among those charged or convicted because of the hole in Florida law, according to a statewide grand jury on public corruption. Attorney General Pam Bondi called for modernizing state law in a 2012 advisory opinion that freed a Central Florida contractor from prosecution. The director of Polk County's state-funded crime-tip hotline had been caught steering contracts to a family member and spending state funds on himself, The Ledger of Lakeland reported. But the manager couldn't be charged because he worked for a nonprofit contractor and was immune from prosecution. "It is regrettable that such an organization using public funds cannot be held accountable for actions that could be prosecuted if carried out by an individual meeting the technical definition of a `public servant,"' Bondi wrote. "Consideration of this situation for possible legislative action to ensure accountability ... may be advisable." The Nineteenth Statewide Grand Jury studied Florida corruption in depth and recommended a host of legal and ethics reforms in December 2010. The two proposals recently endorsed by state attorneys match the two simplest, highest-priority changes the grand jury recommended. But in the five years since the grand jury report, the Legislature has never taken them up. In 2011, members in the House and Senate introduced at least three bills that would have acted on other suggestions. The Legislature ultimately passed some new ethics and campaign-reporting rules for politicians. A 2011 bill by then-Sen. Mike Fasano, R-New Port Richey, would have toughened sentences for officials who commit crimes while acting in their official capacities. It was the only bill to address criminal corruption. It died in its first committee, legislative records show. By comparison, the model bill proposed by Archer–which was based on feedback from prosecutors—creates no new criminal offenses or criminal penalties. It only removes barriers to prosecution for behavior citizens already consider corrupt, he said. "If we prove that you intentionally or knowingly took money to vote a certain way or support a particular contract, or award a bid to a certain company, why does it matter whether there was `corrupt intent?' " Archer said. "It just adds another layer that is not required on any of the other laws. Today, we have to prove what was in your heart." Contact Reed at 321-242-3631 or mreed@floridatoday.com City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 10/20/2015 Item No. Subject: Resolution No. 2015-19; appointing a Member 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. (Brenda Defoe Surprenant) Department: Administrative Services Summary: After having conducted an interview at tonight's Council Meeting of Planning and Zoning Board Applicant Brenda Defoe Surprenant, it is now incumbent upon the City Council to adopt Resolution No. 2015-19 appointing Ms. Surprenant to the Planning and Zoning Board. The term of appointment shall be until September 15, 2018. The appointment will begin the Member's first (3) three-year term allowed under the limits referenced in the City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed or vacates their appointment for any reason, including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. Submitting Department Director: Angela Apperson Date: 10-09-2015 Attachment: Resolution No. 2015-19 Financial Impact: Staff time to prepare Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/9/15 i$ The City Manager recommends that City Council take the following action. Adopt Resolution No. 2015-19. Approved by City Manager: David L. Greene Date: 10/9/15 RESOLUTION 2015-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING A MEMBER 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 Section 110- 3, Cape Canaveral City Code, 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 appoint a Member 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 the Planning and Zoning Board pursuant to Section 2-171(e) and (f) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individual: Brenda Defoe Surprenant shall be appointed to the Planning and Zoning Board for a term of three (3) years. 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. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of October, 2015. (Signature/Adoption page follows) City of Cape Canaveral Resolution No.2015-19 Page 1 of 2 Rocky Randels, Mayor ATTEST: Name FOR AGAINST John Bond Angela Apperson, MMC Bob Hoog City Clerk 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.2015-19 Page 2 of 2 City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 10/20/2015 Item No. 5 Subject: Subject: Resolution No. 2015-20; reappointing members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability; and an effective date. (James Massoni and Andrew Serafin) Department: Legislative Summary: James Massoni has served on the Business and Economic Development Board since November 2012. His current (3) three-year term expires on November 1, 2015. This reappointment begins his second (3) three-year term allowed under the limits referenced in the Code and below. Andrew Serafin has served on the Business and Economic Development Board since November 2012. His current (3) three-year term expires on November 1, 2015. This reappointment begins his second (3) three-year term allowed under the limits referenced in the Code and below. The City Clerk's Office received Expiration Notices indicating each Member's desire to continue serving on their Board. Per City Code of Ordinances Sec. 2-171 (f) Term, all Board and Committee Members shall be appointed to serve a three-year term and may be reappointed by the City Council for one additional three-year term. There shall be no limit on the total number of terms a Board or Committee Member may serve, except no person shall be appointed to more than two consecutive terms on the same board or committee unless no other qualified applicants submit applications seeking appointment. Notwithstanding, the City Council may appoint a Member to a term of less than three years in order to stagger the terms of the entire board or committee. If a Member is removed or vacates their appointment for any reason including death, excessive absence or resignation prior to the expiration of their term, the City Council may at its discretion appoint an individual to serve the remaining portion of the unexpired term. It is now incumbent upon the City Council to reappoint Members of said Board by Resolution No. 2015-20. Submitting Department Director: Angela Apperson Date: 10/9/2015 Attachment: Resolution. No. 2015-20 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/12/15 The City Manager recommends that City Council to the following action: Adopt Resolution No. 2015-20. Approved by City Manager: David L. Greene Date: 10/12/15 RESOLUTION 2015-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BUSINESS AND ECONOMIC DEVELOPMENT 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 Section 22- 27, Cape Canaveral City Code, established a board known as the Business and Economic Development 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. Reappointments to Business and Economic Development 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: James Massoni and Andrew Serafin shall each be reappointed to the Business and Economic Development Board, to serve until November 1, 2018. Following completion of each of their second three (3) year terms, the Members shall not be eligible for reappointment to said 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. City of Cape Canaveral Resolution No. 2015-20 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 20th day of October, 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. 2015-20 Page 2 of 2 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/20/2015 Item No. 6 Subject: Award the bid for the Lift Station No. 2 Gravity Sewer Improvements— Phase I to WP Underground Utilities, LLC in the amount of $252,826 and authorize the City Manager to execute the Construction Agreement for same. Department: Public Works Services Summary: Public Works Services (PWS) invited qualified Licensed Contractors in accordance with the City's Purchasing Policy and Florida Statutes to submit a Bid for construction of the Lift Station No. 2 Gravity Sewer Improvements — Phase I. The project work area consists primarily of the unpaved portion of Holman Road and project work includes the installation of a 10-inch diameter sewer line, new manholes and a small lift station to service the residence at 399 Holman Road. Phase I is part of the larger sewer improvement project to replace the entire sewer line from Holman Road to Lift Station No. 2 located on Center Street. Phase II/III will be publicly bid upon completion of the Phase I activities. Staff advertised this bid opportunity on July 8, 2015 by posting (1) a legal ad in the Florida Today newspaper, (2) a notice on the City's web page and (3) bid information to the Onvia, Inc., bid service. One sealed bid in the amount of $299,902.25 was received from WP Underground Utilities, LLC (WP) and publicly opened at the Wastewater Treatment Plant (WVVfP) Training Room on September 15, 2015. Since only one bid was received and the project is being funded through the State Revolving Fund (SRF) Loan Program, Staff consulted with Florida Department of Environmental Protection (FDEP) personnel as to the proper approach for bid review. FDEP confirmed that a single bid was not an issue and that the City could negotiate with WP to obtain a lower total project cost. Therefore, PWS and consulting engineering Staff conducted meetings with WP and negotiated a project fee of $252,826 with no major changes in project scope. A bid tally sheet is included as Attachment 1. A proposed Construction Agreement with WP is included as Attachment 2. Submitting Department Director: Joyce Muse Date: 10/12/15 Attachments: 1 — Bid Tally Sheet; 2 — Construction Agreement Financial Impact: $252,826 awarded for Lift Station No. 2 Gravity Sewer Improvements — Phase I to WP Underground Utilities, LLC funded by the SRF Loan Program. Staff Time and effort to prepare this Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/12/15 The City Manager recommends that City Council take the following actions: Award the bid for the Lift Station No. 2 Gravity Sewer I provements — Phase I to WP Underground Utilities, LLC in the amount of $252,826 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene Date: 10/12/15 Attachment 1 City of Cape Canaveral Bid Tally Sheet-Lift Station No.2 Improvements Bid No. 2015-03 WWTP Training Room 601 Thurm Boulevard Tuesday, September 15,2015 (2:15 PM) Firm Location Bid Amount WP Underground Utilites, LLC Palm Bay, FL $299, 902.25 Page 1 of 1 Lift Station No. 2 Gravity Sewer Improvements- Phase I Attachment 2 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 WP Underground Utilities, LLC, a Florida corporation, located at 2475 Palm Bay Road NE, Suite 145 #14, Palm Bay, Florida 32905 (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 the Holman Road Phase I Sewer Improvements, as set forth in the Scope of Services,attached hereto as Exhibit"A",and fully incorporated by this reference. 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; the Engineering Plan and Drawings prepared by Tetra Tech, dated July 2015; Bid#2015-03 Documents issued by the CITY; Addendum No. 1 Documents prepared by Tetra Tech, dated August 2015; CONTRACTOR'S Bid Submittal; General Conditions, if any; Supplemental Terms and Conditions by the CITY, if any; Supplemental Terms and Conditions by the Florida Department of Environmental Protection (FDEP), if any; 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, Exhibits and Addenda; CONTRACTOR'S Bid Submittal; b. Change Orders; c. Supplemental Terms and Conditions; d. General Terms and Conditions;or e. Engineering Plans and 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 the Work within thirty(30)days after the issuance of a written Notice to Proceed and shall complete the Work within 120 calendar days from the date of the Notice to Proceed. Extensions, if any, are authorized by CITY, and may only be granted in writing. City of Cape Canaveral/Contractor Page 1 of 9 Lift Station No.2 Gravity Sewer Improvements-Phase I Cape Canaveral, Florida 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 complete 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-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 two hundred fifty two thousand, eight hundred twenty six dollars and no cents ($252,826).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 benefit 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; City of Cape Canaveral/Contractor Page 2 of 9 Lift Station No. 2 Gravity Sewer Improvements- Phase I Cape Canaveral, Florida 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. 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, 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 CONTRACTOR 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 the Contract, or receipt 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. City of Cape Canaveral/Contractor Page 3 of 9 Lift Station No. 2 Gravity Sewer Improvements- Phase I Cape Canaveral, Florida 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. 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, Jeff Ratliff 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 Work Site for Inspections. The CITY shall be given free access to the Work Site at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous onsite 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. City of Cape Canaveral/Contractor Page 4 of 9 Lift Station No. 2 Gravity Sewer Improvements- Phase I Cape Canaveral, Florida 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 shall 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. 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 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 City of Cape Canaveral/Contractor Page 5 of 9 Lift Station No. 2 Gravity Sewer Improvements- Phase I Cape Canaveral, Florida 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 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-CONTRACTOR may supply a materials, performance and payment bond(s) in form approved by the CITY's City Attorney and in accordance with Florida law and in an amount specified in the Contract Documents. 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. City of Cape Canaveral/Contractor Page 6 of 9 Lift Station No.2 Gravity Sewer Improvements-Phase I Cape Canaveral, Florida 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$2,000,000 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 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 Worker's 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 paragraph 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. 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. 29. 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 City of Cape Canaveral/Contractor Page 7 of 9 Lift Station No. 2 Gravity Sewer Improvements- Phase I Cape Canaveral, Florida 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. 30. 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). 31. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 32. 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. 33. 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. 34. 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. 35. 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 overnight 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): City of Cape Canaveral/Contractor Page 8 of 9 Lift Station No. 2 Gravity Sewer Improvements- Phase I Cape Canaveral, Florida For CITY: For CONTRACTOR: City of Cape Canaveral WP Underground Utilities David L.Greene, City Manager Warren Patten, Sr., President 105 Polk Avenue 2475 Palm Bay Road Cape Canaveral, FL 32920 Palm Bay, FL 32905 Phone: 321-868-1220 Phone: (321)473-8317 Fax: 321-868-1248 Fax: (321)298-5473 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. CONTRACTOR: WITNESSES: 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 9of9 City of Cape Canaveral .'I City Council Agenda Form City Council Meeting Date: 10/20/2015 Item No. 7 Subject: Approve the purchase of launder covers for the two clarifier units at the Wastewater Treatment Plant from MFG Water Treatment Products in the amount of $47,315 and approve the installation of the covers by The Crom Corporation in the amount of$30,800. Department: Public Works Services. Summary: The two clarifiers at the Wastewater Treatment Plant (WWTP) were constructed by The Crom Corporation (Crom) during the 1996 Plant expansion. They are a key part of the wastewater treatment process; their primary purpose is to allow the settling of sludge while grease and oils rise to the surface for skimming. Both clarifiers are currently open to the atmosphere, which promotes the growth of algae in the partially-treated wastewater which collects in the effluent troughs. The removal of the algae is frequently required so as to avoid clogging of the sand filters during the later stages of the treatment process. In addition, the manual removal of the algae from the clarifiers is a time-consuming task that can, at times, pose a safety risk to Public Works Services (PWS) Staff. Therefore, Staff is proposing that the City purchase and install launder covers for the clarifiers and thereby eliminate the formation of algae and impacts to the sand filters. Staff solicited four cost proposals for both the purchase and installation of the launder covers. Crom's proposal for installation of the launder covers was the lowest; with a cost of $30,800. Crom originally constructed both clarifiers in 1996; Crom is currently participating in the construction of the 2.5 million gallon reclaimed water tank and the cost proposal includes a negotiated 3% reduction in installation costs, Staff recommends the selection of Crom for the installation tasks. In addition, Crom recommended that the launder covers be purchased from MFG Water Treatment Products (cost of $47,315) due to quality of workmanship and Crom's experience with their installation. Cost estimates from both firms are attached. The launder covers will take approximately two weeks to design, six to seven weeks to ship and three weeks to install at the WWTP. Submitting Department Director: Joyce Muse Date: 10/12/15 Attachment: Cost Proposals Financial Impact: $47,315 for the two clarifier units at the Wastewater Treatment Plant from MFG Water Treatment Products and $30,800 for installation of the covers by The Crom Corporation all of which will be funded by the Wastewater Fund. Staff time and effort to prepare this Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/12/15 City Council Meeting Date: 10/20/2015 Item No. 7 Page 2 of 2 The City Manager recommends that City Council take the following actions: Approve the purchase of launder covers for the two clarifier units at the Wastewater Treatment Plant from MFG Water Treatment Products in the amount of $47,315 and approve the installation of the covers by The Crom Corporation in the amount of $30,800. Approved by City Manager: David L. Greene Date: 10/12/15 Attachment Cost Proposals 55 Fourth Avenue Union City, 16438 Ph:814-438-3959 Water Tr.atrnont Products Fax:814-438-8538 www.mfgwtp.com Date:August 5,2015 To: TSC Fax#: 813-854-2183 Reference: Cape Canaveral Phone#: 813-888-5556 Attn: Paul MFG IS OUOTING: FRP launder covers in Two(2)60' dia.Tanks consisting of the following:covers 5' long x 36"deep x ''V."thick, FRP wall angles,cover supports, SS hinges, SS handles and type 316 SS h/ware. Covers will be MFG style. Price is: $47,315.00 Delivered NOTES: Drawings will take 2 weeks.Material ready to ship 6-7 weeks after approved drawings. NOTE:The price quoted does not provide for a payment retainer and is for material only.This quote does not include any operating or mechanical equipment and does not require any site set-vices. NOTE:MATERIAL QUOTED ISOPHTHALIC POLYESTER RESIN AQUA IN COLOR EXCLUSIONS: 1)Taxes;2)Installation;3)Painting/Coating;4)Field Measurements;5)Any item not specifically included above;6) Field service&Start-up certification Terms:Net 30 days with no retainer Price good for 90 days MFG Water Treatment Products Mike Sjostrom Business Manager Thank you for the opportunity to quote this project CECS October 9, 2015 Revised PROPOSAL 15-172 LAUNDER COVER INSTALLATIONS 2-EACH 0.3- MG CLARIFIERS CITY OF CAPE CANAVERAL WASTEWATER TREATMENT PLANT CAPE CANAVERAL, FLORIDA Crom Engineering and Construction Services (CECS) proposes to provide labor for the installation of Chopped Strand FRP Launder Covers for 2-Each prestressed concrete clarifiers in accordance with all applicable codes and standards including OSHA, AWWA, ACI and standard prestressed concrete tank design. 1. DRAWINGS, SPECIFICATIONS, AND OTHER REQUIRED DATA Prior to starting work, Crom Engineering and Construction Services will gather all data required for submittal purposes for the repair of the aforementioned storage tank including any available computations, detailed drawings, and specifications. 2. COMMENCEMENT AND COMPLETION Upon your execution of this proposal, we will be prepared to start work within four weeks after approval of our submittal information; and will undertake to furnish sufficient labor, and equipment to complete the work within approximately three weeks working time thereafter. In the event that we cannot start the job by May 1, 1045.because of delays of any nature which are caused by the owner or other contractor employed by him or other circumstances over which we have no control, then the contract price may be renegotiated to reflect any increased costs. 3. INSURANCE We hereby certify that we have complete Workers' Compensation Insurance, and that we carry adequate Liability and Property Damage Insurance as well as Builders' Risk Insurance. A certificate will be furnished by our insuring agency upon request. CROM ENGINEERING B CONSTRUCTION SERVICES 6801 SW Archer Road • Gainesville, Florida 32608 . 352-548-3349 • Fax: 352-548-3449 A Division of Crom, LLC 15-172— Launder Cover Installation; Revision 2 October 9, 2015 Wastewater Treatment Plant, Cape Canaveral, FL Page 2 4. SERVICES TO BE FURNISHED BY CROM ENGINEERING AND CONSTRUCTION SERVICES We propose to furnish all supervision, labor, equipment, scaffold and forms required to complete the work, except as noted in Paragraph 5. The services to be furnished by Crom Engineering and Construction Services are specifically: a. Labor and tools only to install FRP Launder Covers made up of 3-piece cover modules on two clarifiers. Each module consists of a Fiberglass Wall Angle and two Cover supports connected by a stainless steel hinge with an overall width of 29-1/2". The cover section arches over the 24" wide effluent launder trough and rests on the cover support. The covers open towards the center of the tank and away from the operator to allow for the ease of inspection and maintenance of the launder and weir. This work shall be performed on the following tanks: • 2-Ea. 0.3-MG Clarifiers 60'-0" ID x 15'-2" SWD Crom Job No. 1995-M-043.01 A 5. MATERIALS AND SERVICES FURNISHED BY OTHERS It is understood that the following services shall be provided by others without expense to Crom Engineering and Construction Services. a. FRP Launder Covers, FRP Support angles, Knee Brace Support, Wall Angle, SS Hinge and all associated hardware. (CECS recommends that all fasteners be 316-Stainless Steel). b. Adequate access to the tank site including open storage space for our vehicles, equipment and materials, conveniently located near the tanks that will be worked on. c. A continuous supply of potable water under minimum pressure for the use of the CECS crew within 100 feet of the tank site. d. A continuous supply of electricity during the period of work: one 100-AMP, 110/220-volt service for the operation of our power tools and accessories, located not more than 100 feet from each tank. Please be sure that all circuit breakers are ground-fault protected. 15-172— Launder Cover Installation; Revision 2 October 9, 2015 Wastewater Treatment Plant, Cape Canaveral, FL Page 3 e. If it is necessary for Crom Engineering and Construction Services to supply its own electric power, add $500.00 per week to the contract amount. f. Any permit or other governmental fees as may be required for the work. g. Drainage and disposal of the launder's contents. h. Cleaning the launder trough of the tank. i. Complete lock out and tag out of the subject tank prior to personnel entering the tank. Owner will be required to provide all materials for this process. Crom Engineering and Construction Services will review the procedures before entering the tank. 6. BACK CHARGES AND CLAIMS FOR EXTRAS No claim for extra services rendered or materials furnished will be valid by either party unless written notice thereof is given during the first ten days of the calendar month following that in which the claim originated. Crom Engineering and Construction Services' claims for extras shall carry 30% for overhead and 10% for profit. 7. DELAYS It is agreed that we shall be permitted to prosecute our work without interruption. If delayed at any time for a period of 24 hours or more by an act or neglect of the owner, his representative, or other contractor employed by him, or by reason of any changes ordered in the work, we shall be reimbursed for our actual additional expense caused by such delay, including loss of use of our equipment, plus 30% for overhead. 8. LABOR This proposal is predicated on open-shop labor conditions, using our own personnel. If we are required to employ persons of an affiliation desirable to the owner or other contractor employed by him or the general contractor thereby resulting in increased costs to us, the contract price shall be adjusted accordingly. Such requirement shall not provide that Crom Engineering and Construction Services sign a contract with any labor organization. 15-172— Launder Cover Installation; Revision 2 October 9, 2015 Wastewater Treatment Plant, Cape Canaveral, FL Page 4 In the event of a labor stoppage, we shall not be in default or be deemed responsible for delay of the progress of this contract or damage to the owner or the contractor so long as Crom Engineering and Construction Services has sufficient qualified employees available to perform the work. 9. QUOTATION We are prepared to carry out this work in accordance with the foregoing for the lump sum price of: PER TANK $ 15,400.00 TWO (2) 60'- ID CLARIFIERS Total: $ 30.800.00 Periodic and final payment, including any retention, shall be made within 10 days from the date our work is completed or the billing is received, or in accordance with applicable state Prompt Payment law, whichever is earlier, and is to be received by us in our accounting office at 250 SW 36th Terrace, Gainesville, Florida 32607. Final payment shall not be held up because of delays in testing. Payment not received by that date will be considered past due and will be subject to a late payment charge of 1% per calendar month, or any fraction thereof until received in our office. If CECS does not receive payment within 7 days after such payment is due, as defined herein, CECS may give notice, without prejudice to and in addition to any other legal remedies, and may stop work until payment of the full amount owing to us has been received. The Proposal Amount and Time shall be adjusted by the amount of CECS' reasonable and verified cost of shutdown, delay, and startup, which shall be effected by an appropriate change order. Any reasonable legal or other expense necessary for the enforcement of this Proposal or for the collection of monies due shall be borne by the party at fault. 15-172—Launder Cover Installation; Revision 2 October 9, 2015 Wastewater Treatment Plant, Cape Canaveral, FL Page 5 10. CONSULTATION AND LIMITATIONS If the Owner wishes to have CECS to perform any additional repairs or remediation of the tank or accessories, it shall authorize such work in writing and pay CECS its standard charges for such work. It is agreed that CECS shall not be responsible for any consequential, special or delay damages. It is agreed that the venue for any litigation under this Agreement shall be in Alachua County, Florida. If CECS engages an attorney for the collection of the amounts due from the Owner, the Owner shall pay CECS its reasonable attorney's fees and costs through any appeal. 11. GUARANTEE CECS will guarantee its workmanship and materials on its work covered in this Proposal for a period of one year after completion of its work. This Prior to leaving the location, CECS personnel will perform a walk through with the responsible party overseeing our work for the Owner or Contractor. In case any defects in CECS' workmanship or materials appear within the one-year period after completion of CECS' work, CECS shall promptly make repairs at its own expense upon written notice by the Owner or Contractor that such defects have been found. CECS' guaranty is limited to defects in CECS' workmanship and materials and CECS is not responsible for ordinary wear and tear or for damage resulting from negligent or inappropriate use. 15-172— Launder Cover Installation; Revision 2 October 9, 2015 Wastewater Treatment Plant, Cape Canaveral, FL Page 6 12. ACCEPTANCE This proposal is offered for your acceptance within 45 days from the proposal date. We reserve the right after that period to amend our bid to reflect our changing construction schedules and materials and labor rate changes. The return to this company of a copy of this proposal with your acceptance endorsed thereon within the time aforesaid will constitute a contract between us. This proposal shall be made a part of any subcontract agreement or purchase order. Sincerely, CROM ENGINEERING & CONSTRUCTION SERVICES Ted Williams Jeffery D. Malpass, P.E. Project Manager CECS President tkdb ACCEPTED PRINT: TITLE: DATE: City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/20/2015 Item No. 8 Subject: Approve City of Cape Canaveral/Florida City Gas Streetscape Reimbursement Agreement. Department: Economic Development Summary: Florida City Gas (FCG) wishes to improve the delivery of natural gas to meet high customer demand days in the Cape Canaveral, Port Canaveral, Cocoa Beach and Merritt Island area. The Project will increase the pressure in the system by installing an 8-inch steel pipeline in the N. Atlantic Ave. Right-Of-Way from S.R. 520 in Cocoa Beach to George King Blvd. in Port Canaveral. The Project will require heavy equipment and employ a large number of workers. It can be thought of in two parts — a south portion and a north portion: 1. The south portion: S.R. A1A in Cocoa Beach north to the split of N. Atlantic Ave./Astronaut Blvd, and 2. The north portion: split at N. Atlantic Ave. north to George King Blvd. FCG expects to commence with the north portion first. The south portion is in the FDOT Right-Of-Way and is covered under a permit issued by FDOT. Work will take place in the grass shoulder areas on the east side of the roadway and involve directional boring to minimize roadway/driveway cuts. FCG expects the FDOT A1A segment to take 8-9 weeks to complete. The north portion will be permitted by the City. Due to the constrained N. Atlantic Ave. Right-Of-Way, FCG will need to install the pipeline under the asphalt pavement which will require a trench excavation in/under one lane. Property owners affected by the N. Atlantic Ave. portion have received a notification of the coming Project and the temporary closures. Prior to the commencement of construction activities, a Community Meeting will be held to address any concerns affected residents/businesses may have. Although FCG workers will minimize traffic disruption, temporary road or lane closures will occur and will be coordinated with the City. Appropriate traffic control measures will be in place. FCG will also work with property owners/businesses to ensure that all businesses are accessible during normal business hours. After placement of the pipeline, the trench will be appropriately filled/compacted and a temporary asphalt "patch" will be installed. FCG expects the North Atlantic segment to take 4-5 weeks. Because the City plans to begin its N. Atlantic Ave. Streetscape Project immediately after FGC's work is complete, Staff has agreed to accept a temporarily "patched" roadway, provided that FCG reimburse the City for the full cost to resurface the entire length and width of the road and make certain other repairs affected by the FCG Project. These items are included in the Scope of the Streetscape Project. The selected contractor (Gibbs and Register) has provided itemized pricing. Costs applicable to City Council Meeting Date: 10/20/2015 Item No. F Page 2 of 2 FCG's Project total $348,737 (see Bid Tabulation - Attachment 1). FCG has agreed to reimburse the City for these costs to restore the roadway to new-construction condition. The City and FCG wish to enter into an Agreement to ensure a mutual understanding of the full scope/costs associated with the reimbursement (see Reimbursement Agreement — Attachment 2). The Agreement references FCG construction details as Exhibit "A" (Attachment 3). The north portion of the Pressure Line Improvement Project was initially targeted for construction in mid-to-late July. The City's N. Atlantic Ave. Streetscape Project was originally scheduled to begin in early October. FCG reported that, due to an issue related to their contractor, the Project would be delayed. This caused a corresponding delay to the City's commencement of the N. Atlantic Ave. Streetscape Project. The City's N. Atlantic Ave. Streetscape Project is partially funded by grant money with a time-sensitive performance requirement and the Streetscape project must start in January. For this reason, the Agreement requires FGC to substantially complete the north portion of the Pressure Improvement Project by December 31, 2015 with a Final Completion Date of January 31, 2016. Submitting Department Director: Todd Morley Date: 10/12/2015 Attachments: 1) Bid Tabulation 2) Reimbursement Agreement 3) Exhibit "A" — Engineering Plans Financial Impact: No additional cost to the City; Staff time to prepare Agenda item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/13/15 The City Manager recommends that City Council take the followingactions: Approve City of Cape Canaveral/Florida City Gas Streetscape Reimbursement Agreement. Approved by City Manager: David L. Greene Date: 10/13/15 CITY OF CAPE CANAVERAL Attachment 1 NORTH ATLANTIC AVENUE STREETSCAPE IMPROVEMENTS-REBID FPN#434972-1-58-01 BID#2015-06(R) BID TABULATION BID DATE:AUGUST 4,2015 Gibbs&Register Masci General Contractors Watson Civil Construction Winter Garden,F1 Port Orange,FL St.Augustine,FL Item QtY• Unit Unit Cost Cost Unit Cost Cost Unit Cost Cost b)8"DIP 10 LF $ 100.00 $ 1,000.00 $ 215.77 $ 2,157.70 $ 120.00 $ 1,200.00 c)8"DI Fittings 10 EA $ 750.00 $ 7,500.00 $ 550.00 $ 5,500.00 $ 700.00 $ 7,000.00 d)6"or 8"Gate Valve and Box 2 EA $ 2,000.00 $ 4,000.00 $ 1,577.00 $ 3,154.00 $ 1,600.00 $ 3,200.00 e) 1" Short Side Service&Meter Box 4 EA $ 1,000.00 $ 4,000.00 $ 815.00 $ 3,260.00 $ 1,500.00 $ 6,000.00 f)1"Long Side Service and Meter Box 10 EA $ 3,000.00 $ 30,000.00 $ 1,745.00 $ 17,450.00 $ 2,000.00 $ 20,000.00 g)2"Blowoff Assembly 1 , EA $ 2,500.00 $ 2,500.00 $ 3,700.00 $ 3,700.00 $ 1,300.00 $ 1,300.00 15 Asphalt a)Mill Existing Asphalt 18,590 SY $ 4.00 $ 74,.360:00 $ 2.75 $ 51,122.50 $ 3.00 $ 55,770.00 ____D__)) Type FC-12.5 Asphalt(Road) 1,551 TN $ 145.00 $ 224,895.00:. $ 133.68 $ 207,337.68 $ 134.50 $ 208,609.50 16 Striping a)24" Wide White Thermoplastic 2,680 LF $ 6.50 $ 17,420.0.0 $ 6.45 $ 17,286.00 $ 4.70 $ 12,596.00 , b) 12"Wide White Thermoplastic 367 LF $ 3.00 $ 1,101.00: $ 3.95 $ 1,449.65 $ 2.05 $ 75235 c,)6" Wide Double Yellow Thermoplastic 4,435 LF $ 3.00 $ 13,305.00.' $ 2.77 $ 12,284.95 $ 2.75 $ 12,196.25 d) 18"Wide Yellow Thermoplastic 319 LF $ 4.00 $ 1,276.00':: $ 5.10 $ 1,626.90 $ 3.45 $ 1,100.55 e)6" Wide WhiteThermoplastic 10,920 LF $ 1.50 f$_, . 16,380.00 $ 1.30 _ $ 14,196.00 $ 1.35 $ 14,742.00 CITY FUNDED PAY ITEMS 13-16 $ 497,737.00 $ 600,932.88 $ 453,966.65 SUBTOTAL GRAND TOTAL_ $ 2,756,815.50 $ 2,871015.55 $ 3,048,960.75 $343,737 Cc002 Bid Tabulation 3 Attachment 2 CITY OF CAPE CANAVERAL/FLORIDA CITY GAS STREETSCAPE REIMBURSEMENT AGREEMENT This Agreement ("Agreement") is made and entered into 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 Pivotal Utility Holdings, Inc. d/b/a Florida City Gas whose principal address is 10 Peachtree Place NE, Location 1466, Atlanta, GA 30309 ("Company"). WITNESSETH: WHEREAS, the Company and City entered into a 30-year non-exclusive Gas Franchise Agreement, dated February 18, 1997 ("Franchise Agreement"), and this Agreement is entered into in furtherance of the terms and conditions of the Franchise Agreement; and WHEREAS, the Company wishes to conduct a natural gas high pressure infrastructure improvement project through the entire length of the City of Cape Canaveral ("Pressure Improvement Project"), and; WHEREAS, the City desires to make streetscape improvements to North Atlantic Avenue in accordance with the Streetscape Engineered Plans as defined in Section 2(b)herein("Streetscape Project") to take place along and within the North Atlantic Avenue right-of-way, extending from near the intersection of Shorewood Dr. south to State Road AlA ("Construction Work Area"), and; WHEREAS, the City desires that construction of Company's utility be routed through the Construction Work Area concurrently with the City's construction of its Streetscape Project; and WHEREAS, for its successful completion, the Company's project will require extensive excavation within the existing paved portion of the Construction Work Area, including the removal and replacement of existing asphalt pavement,road base and fill materials, and; WHEREAS, the Company agrees to reimburse the City's actual and verifiable costs for new asphalt pavement, road base and fill materials associated with the Streetscape Project, including all striping and the restoration of four existing crosswalks; and WHEREAS, the Company further agrees to reimburse City costs associated with any additional required asphalt paving, road base, fill materials and striping in areas excavated by the Company outside of the Construction Work Area, if such are found to exist by the City; and WHEREAS, the City and Company desire to memorialize their understanding regarding the scope of the Company's work, the scope of the City's work and the extent of the Company's reimbursement to be paid to the City as set forth in this Agreement; and Reimbursement Agreement City of Cape Canaveral/Florida City Gas Page 1 of 7 NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Company hereby agree as follows: 1. RECITALS. The foregoing recitals are hereby deemed true and correct and are hereby incorporated by this reference. 2. SCOPE OF WORK AND REIMBURSEMENT. a. The Company's Pressure Improvement Project on North Atlantic Avenue within the City of Cape Canaveral shall be constructed in accordance with the Merritt Island Pressure Improvement Project Plans, for Project No. 141018, prepared by Carnahan, Proctor, Cross, Inc., and dated March 2015, attached hereto as Exhibit "A" and incorporated herein by this reference. Construction of the Pressure Improvement Project shall include the following improvements to the satisfaction of the City Engineer: i. Removal of pavement, excavation of road base and fill materials, as required, and placement of the natural gas utilities. ii. Replacement and compaction of appropriate fill materials and road base. iii. Restoration of excavated portion of asphalt pavement (temporary asphalt). iv. Restoration of damaged areas of the right-of-way, including but not limited to any pre-existing utilities which may be damaged during the course of the work. v. The Company shall obtain appropriate City progress inspection approvals for the items detailed above. b. City shall construct the Streetscape Project in accordance with the engineered plans for Project No. CCO2 prepared by Quentin L. Hampton Associates, Inc., Consulting Engineers, for the City of Cape Canaveral, entitled North Atlantic Avenue Streetscape Improvements, and dated June 2015, ("Streetscape Engineered Plans"), which Streetscape Engineered Plans are on file with the City Clerk's office. In accordance with the Streetscape Engineered Plans, construction for the Streetscape Project shall include: (i) Stormwater, sidewalk,pedway, landscaping, irrigation and other improvements, and; (ii) Milling, resurfacing, and striping of all asphalt on North Atlantic Avenue within the City, which is approximately 1.17 road miles, for the full width of the roadway; and Reimbursement Agreement City of Cape Canaveral/Florida City Gas Page 2 of 7 (iii) Reconstruction of each of the four(4) existing crosswalks located at the intersection of North Atlantic Avenue and Central Boulevard. c. Company agrees to reimburse the City's cost and expense for items (2)(b)(ii) and (2)(b)(iii), above ("Restoration Work"), as follows: i. The total cost of the Restoration Work is estimated to be Three-Hundred, Forty-Eight Thousand, Seven-Hundred and Thirty-Seven Dollars and No/00($348,737.00). ii. The Company shall pay to the City the total estimated cost of the Restoration Work, in the amount of Three-Hundred, Forty-Eight Thousand, Seven-Hundred and Thirty- Seven Dollars and No/00 ($348,737.00) ("Reimbursement Amount") in full prior to October 31,2015. iii. In the event that the actual total cost of the Restoration Work exceeds the Reimbursement Amount, Company agrees to pay the City all such additional costs within 30 days of receipt of the City's invoice and adequate supporting documentation of the actual and verifiable total cost. Should the actual total cost of the Restoration Work amount to less than the estimated cost, the City shall refund the difference between the actual and estimated cost to Company within 30 days of the completion of the Streetscape Project, as determined by the City. 3. DUTY TO COOPERATE. The Company will work in good faith to substantially complete construction of the Pressure Improvement Project by December 31, 2015 with Company's final completion of the Pressure Improvement Project by January 31, 2016, as may be extended by the City Manager pursuant to the next paragraph ("Final Completion Date"). The City and Company shall coordinate construction of their respective Streetscape and Pressure Improvement Projects to be constructed within the North Atlantic Avenue right- of-way. Further, the City and Company shall have a duty to perform their work set forth in this Agreement in cooperation with one another. In furtherance thereof, each party hereto agrees to keep the designated contact of the other party fully informed of its performance hereunder. The City Manager may grant extensions to the Final Completion Date upon a reasonable request by the Company, and such extensions shall not be unreasonably withheld. However, in the event that the City incurs any additional out-of-pocket costs or actual and verifiable damages due to Company's delay in completion of the Pressure Improvement Project beyond the Final Completion Date, and such costs or damages are outside the City's control, then Company shall be responsible for payment of all such out- of-pocket costs or actual and verifiable damages to the City. 4. ADDITIONAL PERMITS. Company recognizes and agrees that it is Company's sole responsibility to duly obtain all required permits from any applicable local, state, or federal agencies for the construction of the Pressure Improvement Project. Additionally, nothing herein is intended to interfere with or limit the City's right to permit work within the North Atlantic Avenue right-of-way and to regulate the use of, or construction within, North Atlantic Avenue in accordance with law. 5. CONSTRUCTION RESPONSIBILITIES. Each party shall be solely responsible for the construction of its own Project. Further, each party shall be solely responsible for the safety of its Reimbursement Agreement City of Cape Canaveral/Florida City Gas Page 3 of 7 own staff and contractors and unsafe conditions related to the work performed by its own employees and contractors within the right-of-way including, but not limited to: • Managing the health, safety and environmental activities of its staff and contractors to ensure compliance with applicable health and safety laws and regulations. • Coordinating with responsible parties to correct site conditions that do not meet applicable federal, state and local occupational safety and health laws and regulations, when such conditions expose either party's staff, contractors or the public to unsafe conditions. • Notifying applicable federal, state and local authorities and affected personnel and contractors of any site conditions posing an imminent danger to them which either party's contractors observe. 6. COMMUNITY MEETING. The parties agree to hold a community meeting within the City of Cape Canaveral to provide residents with necessary and useful information related to the Streetscape and Pressure Improvement Projects. 7. NIGHT TIME CONSTRUCTION WORK. Section 34-153, City Code, states that it is unlawful for any person within the city to make, continue or cause to be made or continued any loud, unnecessary or unusual noise which either annoys, disturbs or endangers the comfort, repose, health, peace or safety of others. Additionally, Section 34-154, City Code, provides in part that if the building official determines at the time of permit application or during the progress of construction work, that the public health and safety will not be impaired by the excavation of streets and highways between the hours of 7:00 p.m. and 7:00 a.m. and certain specified holiday hours, and further determines that loss or inconvenience would result to any party in interest, then the building official may grant permission for such work to be done between the hours of 7:00 p.m. and 7:00 a.m. and during all hours of the listed holidays. Notwithstanding the foregoing, nothing herein obligates the City to permit night construction and any permission for same may be revoked at any time during the course of the Pressure Improvement Project, in accordance with City Code. 8. INSURANCE PROTECTIONS. Because the construction will simultaneously occur with the North Atlantic Avenue right-of-way, the City's and Company's construction contractor(s) performing the Pressure Improvement Project work shall be required to have, at all times, a minimum of $1,000,000.00 of general liability coverage. The City will be listed as an additional named insured on insurance policies of Company's contractors for all work performed on the Pressure Improvement Project, and the Company will be listed as an additional named insured on the insurance policies of the City's contractor's for all work performed on the Streetscape Project. This paragraph shall survive termination of this Agreement. 9. ENTIRE AGREEMENT. The City and the Company agree that this Agreement sets forth the entire agreement between the parties, and there are no promises or understandings other than those stated herein. 10. ASSIGNMENT. This Agreement shall not be assigned in whole or in part by either party without the express written consent of the other party. 11. THIRD PARTY RIGHTS - Nothing in this Agreement shall be construed to give any Reimbursement Agreement City of Cape Canaveral/Florida City Gas Page 4 of 7 rights or benefits to anyone other than City and Company. 12. 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 their sole discretion and option, 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. 13. NIEDIATION/VENUE - 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 pursuant to Section 15, herein. 14. 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. 15. ATTORNEY'S FEES. Should either party bring an action to enforce any of the terms of this Agreement, each party shall bear its own costs and expenses for such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 16. 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). 17. TERMINATION. This Agreement shall terminate at such time as the Company has completed the Pressure Improvement Project and has made all required payments and reimbursements to the City pursuant to this Agreement. Further, the City and Company may terminate this Agreement by mutual written agreement. 18. CLAIMS SURVIVING TERMINATION. Termination of this Agreement shall release both parties from their obligation to effect and to receive future performance hereunder. However, in addition to provisions of this Agreement that expressly survive the termination of this Agreement; termination of this Agreement does not preclude a claim for breach of this Agreement for non-performance. 19. FORCE MAJEURE. Neither the City nor the Company shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case, in which performance of any such provision is prevented for reasons beyond either party's reasonable Reimbursement Agreement City of Cape Canaveral/Florida City Gas Page 5 of 7 control. For purposes of this Agreement, causes or events beyond the City's or Company's reasonable control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, terrorism, riots or civil disturbances, sabotage, restraints imposed by a formal written order of a governmental agency or court. However, a formal written order of the City shall not be considered beyond the City's reasonable control unless mandated by state or federal law. Further, a fault shall not be deemed to be beyond the Company's reasonable control if committed by a corporation or other business entity in which the Company holds a controlling interest whether held directly or indirectly, when such fault is due to Company's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Company's directors, officers, employees or contractors or agents. Mechanical failures or breakdowns of Company's equipment and strikes, or work stoppages held by Company's employees, shall not be considered acts beyond Company's reasonable control. 20. NOTICES. Any notice or approval under this Contract shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: City of Cape Canaveral David Greene,City Manager 105 Polk Avenue Cape Canaveral,FL 32920 Phone: 321-868-1220 Fax: 321-868-1224 With a Copy to: Anthony Garganese,City Attorney P.O. Box 2873 Orlando,Florida 32802-2873 Phone(407)425-9566 Fax(407)425-9596 And if sent to the Company, shall be mailed to Pivotal Utility Holdings, Inc. d/b/a Florida City Gas Carolyn Bermudez,Vice President and General Manager, Operations 10 Peachtree Place NE Location 1466 Atlanta, GA 30309 Phone: Fax: Either party may change the notice address by providing the other party written notice of the change. Reimbursement Agreement City of Cape Canaveral/Florida City Gas Page 6 of 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. WITNESSES: COMPANY: Pivotal Utility Holdings, Inc.d/b/a Florida City Gas 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 Reimbursement Agreement City of Cape Canaveral/Florida City Gas Page 7 of 7 Exhibit "A" Attachment 3 [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] [construction plans] City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/20/2015 Item No. 9 Subject: Ordinance No. 11-2015; amending Sections 110-334, 110-352 and 110-381 of the City Code regarding Automotive Service Stations; permitting Automotive Service Stations in the M-1 zoning district; prohibiting Automotive Service Stations in the C-1 and C-2 zoning districts; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Community Development Summary: On February 26, 2015, the City of Cape Canaveral Board of Adjustment held a Public Hearing regarding Special Exception No. 2015-01 to allow the construction of a service station located at 6455 N. Atlantic Avenue. The Board denied the application. However, the issue generated a great deal of public debate regarding the proposed use. Specifically, the public dialogue revolved around the location of the project and its compatibility with surrounding properties; notably the Cape Shores condo development. Although the applicant maintained all applicable development regulations were met, the public perception was that the project would negatively impact adjacent residential uses. At a subsequent City Council Meeting, Staff was directed to prepare an Ordinance that would further define/identify where best to locate future service stations (Attachment 1). Notable provisions include: 1. Service stations will only be permitted in the M-1 zoning district (Attachment 2, City Zoning Map for properties zoned M-1). 2. Service stations must be separated by a minimum of two-thousand (2,000) feet (Attachment 3, radius map indicating existing service stations and the associated separation requirements). 3. There shall be no more than ten (10) fueling positions (where one vehicle can be fueled) within any one service station. 4. A service station must be located on a parcel with a minimum of 100 feet of street frontage and a minimum lot area of 22,500 square feet. 5. Where a service station abuts a residential zoned property, a six-foot high finished concrete block wall shall be erected. Service stations existing on the date of adoption of the proposed Ordinance shall be considered conforming uses and will be able to enjoy rights associated therewith. In other words, the standards established in the proposed Ordinance shall only apply to new stations. At its October 7, 2015 meeting, the Planning and Zoning Board unanimously recommended approval of the proposed ordinance. City Council Meeting Date: 10/20/2015 Item No. Page 2 of 2 A Notice of Hearing was published in the Florida-riToday newspaper October 13, 2015. Submitting Director: David Dickey 1 Date: 10/09/2015 Attachments: 1 -Ordinance No. 11-2015; - City Zoning Map; 3 - Service Station Radius Map Financial Impact: Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/13/15 The City Manager recommends that City Council the following actions: Approve Ordinance No. 11-2015, first reading. Approved by City Manager: David L. Greene Date: 10/13/15 ORDINANCE NO. 11-2015 Attachment 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING SECTIONS 110-334, 110-352 AND 110-381 OF THE CITY CODE REGARDING AUTOMOTIVE SERVICE STATIONS; PERMITTING AUTOMOTIVE SERVICE STATIONS IN THE M-1 ZONING DISTRICT; PROHIBITING AUTOMOTIVE SERVICE STATIONS IN THE C-1 AND C-2 ZONING DISTRICTS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; 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, the City of Cape Canaveral is a City encompassing approximately 1.9 square miles and is surrounded on the East by the Atlantic Ocean and on the West by the Banana River Aquatic Preserve; and WHEREAS, due to the compact geographical area comprising the City limits, multiple land uses are co-located which would in larger areas be set further apart; and WHEREAS, due to the location of residential neighborhoods throughout the City, careful planning as to the location of certain non-residential uses is desirable to protect both the non- residential use as well as the residential character of the neighborhoods and residential uses within the City; and WHEREAS, the City Council of the City of Cape Canaveral finds that due to the natural incompatibility between gas filling stations and residences due to the noise, odors, and substantial traffic generation caused by the filling station use, that it is appropriate to put in place certain protections which will protect and preserve the residential character of any property zoned residential but abutting a filling station; and WHEREAS, the City Council finds that limiting the number of fueling stations at any filling station facility in the City, due to the close proximity of residential uses to any such proposed filling station facility would further the City of Cape Canaveral's Comprehensive Plan Future Land Use Goal LU-1 which provides that the overall goal for the City is to ensure the proper relationship among residential, commercial, industrial, recreational and other activities in order to ensure general compatibility among the land uses; and WHEREAS, the City Council further finds that the proposed amendments are consistent with the City of Cape Canaveral's Comprehensive Plan Future Land Use Objective LU-1.3, which provides that the City will work toward the elimination or reduction of uses inconsistent with the community's character and future land uses, and with Policy LU-1.3.2 which provides that the City will require new development to be compatible with adjacent land uses; and City of Cape Canaveral Ordinance No. 11 - 2015 Page 1 of 8 WHEREAS, the City Council has determined that the current regulations regarding the location of gasoline pumps and storage facilities are in need of modification and revisions related to their location within the City, number and location in proximity to certain other uses; and WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on October 7, 2015, and said Board has recommended approval of the amendments to the City Code; 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 Chapter 110, Article VH. Chapter 110, Article VII, 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, Article VII. It is intended that the text in Chapter 110, Article VII 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 Sec. 110-334. Special exceptions permissible by board of adjustment. * * * (3) Automotive service stations that were lawfully approved and permitted by the City pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 20151 shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. City of Cape Canaveral Ordinance No. 11 -2015 Page 2 of 8 City of Cape Canaveral Ordinance No. 11 -2015 Page 3 of 8 * * * Sec. 110-352. Principal uses and structures. * * * (12) Automotive service stations, subject to the following: a. All setbacks shall be no less than 25 feet from any portion of the building, including pump island, but in no case shall a lot have less than 100 feet of street frontage. b. Underground storage is required for all receptacles for combustible materials in excess of 55 gallons. Such storage shall comply with all Environmental Protection Agency standards. c. The accumulation and storage of waste petroleum products is forbidden, unless in compliance with Environmental Protection Agency standards. d. Curb cuts shall be made in accordance with section 110-493. e. No service stations shall be erected or located within 150 feet of the property line of any church, hospital, school or park. f. No main accessory building, and no gasoline pump shall be located within 25 feet of the lot line of a property that is residentially zoned. A finished concrete wall of at least 8 feet in height shall be provided along any property line abutting a residential district or residential use. g. Services and sales permissible include only the following: 1. Spark plugs, batteries, distributor parts, ignition system parts, vehicle wiring and the like. 2. Exhaust system components, engine cooling components, automotive air conditioning system components, braking system components, vehicle lighting system components, radios, steering assembly parts, fuel system components and the like. 3. Tire servicing and repair, but not recapping. 4. Washing and polishing, including the sale of related materials. City of Cape Canaveral Ordinance No. 11 -2015 Page 4 of 8 5. Greasing, oil changes and other lubrication. 6. Sale of cold drinks, package foods, tobacco and similar convenience goods for service station customers. 7. Road maps, informational materials, restroom facilities. 8. Truck and trailer rentals. h. Vehicles shall not be parked outside the building for more than four days, such four days to be considered as an accumulated parking time, whether consecutive or accumulated. i. Uses permissible at a service station do not include body work, straightening of body parts, painting, welding (other than minor repairs), storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a body shop. j. Automotive parts, new or used, shall not be stored outside. k. Vehicles are not to be dismantled or scrapped for parts. 1. Engine and transmission overhaul may be performed only inside the service bays. m. A minimum of two enclosed service bays and a customer waiting area must be provided if maintenance and repairs are a part of the business. n. A minimum building size of 2,000 square feet shall be provided. o. No plants (grass, weeds, etc.) shall be allowed to grow through cracks or joints in the pavement. p. Landscaping shall conform to section 110-566. q. A minimum distance of 2,000 feet by shortest airline measurement shall be maintained between the nearest point of a lot or lots used for filling stations or automotive stations. r. Lighting on a service station shall be so designed and installed so as to prevent glare or excessive light on adjacent property. No source of illumination shall be allowed if such source of illumination would be visible from a residentially- zoned district to the extent that it interferes with the residential use of that area. s. No gasoline pump shall be located within 25 feet of a street right-of-way line. t. There shall be no more than ten (10) fueling positions (where one vehicle can be accommodated for refueling) within any one filling station property or City of Cape Canaveral Ordinance No. 11 -2015 Page 5 of 8 location, whether said filling station is located on one lot or comprises more than one lot. Sec. 110-381. Principal uses and structures. * * * (11) Automotive service stations that were lawfully approved and permitted by the City pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 2015] shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the City when said use was previously permitted. City of Cape Canaveral Ordinance No. 11 -2015 Page 6 of 8 * * * 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 City of Cape Canaveral Ordinance No. 11 -2015 Page 7 of 8 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 17`h day of November, 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. 11 -2015 Page 8 of 8 City of Cape Canaveral Zoning Map Attachment 2 City of Cape Canaveral Attachment 3 Gas Stations 2000' Buffer City of Cape Canaveral City Council Agenda Form [city seal] City Council Meeting Date: 10/20/2015 Item No. 10 Subject: Ordinance No. 12-2015; amending Section 110-381 of the City Code to allow Craft Distilleries in the C-2 Zoning District; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Code, and an effective date. Department: Community Development Summary: On June 12, 2013, the Governor signed HB 347, which continued the trend of reforming Florida's distilling laws. The action created a new category ("craft distilleries," also commonly referred to as microdistilleries) for distillers who produce 75,000 or fewer gallons per year of distilled spirits. The most significant aspect of the law is that microdistilleries are now able to sell on-site, directly to consumers, under conditions outlined therein. Previously, the product was required to be shipped to a wholesaler before customers could buy the product. As a result of the State's relaxation of law, the number of microdistilleries is quickly growing. In fact, the Brevard County Economic Development Council recently announced a new microdistillery in Titusville and one has been proposed on Central Avenue in the City. It has been reported that there are 25 distilleries licensed to be developed in Florida. In May 2011, the City Code was amended to allow breweries as a permitted use in the M-1 Zoning District. However, a brewery is considered a manufacturing operation typically at a much larger scale with corresponding impacts than those associated with a microdistillery. Microdistilleries represent a new class of liquormakers and as such, the City Code is silent to how they should be treated. For that purpose, Ordinance No. 12-2015 (Attachment 1) has been prepared. As proposed, microdistilleries will be a permitted use in the C-2 Zoning category (Attachment 2, City Zoning Map). Further, a number of development regulations are proposed to ensure compatibility with surrounding properties (see Attachment 3, Location Map), to include: 1. Onsite distilling shall not exceed 75,000 gallons total on an annual basis; and 2. Tasting rooms and/or retail shops associated with the distillery shall be permitted but shall not exceed 50 percent of the total square footage of the operation; and 3. No alcohol consumption, other than that associated with the tasting room, shall be permitted on-site; and 4. No by-product of the distilling operation shall be discharged into the City's wastewater system, unless it is properly pre-treated as approved by the City; and 5. All materials and supplies related to the distillery operation shall be stored in an enclosed structure. At its October 7, 2015 Meeting, the Planning and Zoning Board unanimously recommended approval of Ordinance No. 12-2015. City Council Meeting Date: 10/20/2015 Item No. /© Page 2 of 2 A Notice of Hearing was published in the Florida Today newspaper October 13, 2015. Submitting Director: David Dickey \P Date: 10/12/2015 Attachments: 1 — Ordinance No. 12-2015; 2 — City Zoning Map; 3 — Location Map Financial Impact: Staff time to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/12/15 The City Manager recommends that City Counci ake the following action: Approve Ordinance No. 12-2015, first reading. Approved by City Manager: David L. Greene Date: 10/12/15 Attachment 1 ORDINANCE NO. 12-2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING SECTION 110-381 OF THE CITY CODE TO ALLOW CRAFT DISTILLERIES IN THE C-2 ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, 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, on June 12, 2013 the Governor signed HB 347 which created a new category for"craft distilleries"which produce 75,000 or fewer gallons of distilled spirits per year; and WHEREAS, due to this and other regulatory easing, the number of craft distelleries, also commonly known as microdistilleries, is growing throughout the State of Florida; and WHEREAS, due to the City's proximity to Port Canaveral and the number of tourists that are visiting the City on an annual basis, provisions must be put in place to provide appropriate locations for this and other similar tourist related uses; and WHEREAS, the City Council of the City of Cape Canaveral finds that in order to encourage the location of these facilities, the City Code must be amended to provide for appropriate zoning categories for craft or microdistilleries; and WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on October 7, 2015, and said Board has recommended approval of the amendment to the City Code; 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 Chapter 110, Article VII. Chapter 110, Article VII, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfikeetit type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 110, Article VII. It is intended City of Cape Canaveral Ordinance No. 12-2015 Page 1 of 3 that the text in Chapter 110, Article VII 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 Sec. 110-381. Principal uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: * * * (13) Craft distilleries, as defined by section 565.03, Florida Statutes, subject to the following: a. Onsite production of distilled spirits shall not exceed 75,000 gallons on an annual basis; and b. Tasting rooms and/or retail shops associated with the distillery shall be permitted but shall not exceed 50 percent of the total square footage of the operation; and c. No alcohol consumption, other than that associated with the tasting room, shall be permitted on-site; and d. No by-product of the distilling operation shall be discharged into the City's wastewater system, unless it is properly pre-treated as approved by the City. e. All materials and supplies related to the distillery operation shall be stored in an enclosed structure. * * * 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. City of Cape Canaveral Ordinance No. 12 -2015 Page 2 of 3 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of , 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 1st Legal Ad published: First Reading: 2nd Legal Ad published: Second Reading: City of Cape Canaveral Ordinance No. 12-2015 Page 3 of 3 City of Cape Canaveral Zoning Map Attachment 2 Attachment 3 [sattelige image] City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 10/20/2015 Item No. 11 Subject: Ordinance No. 13-2015; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2014, and ending September 30, 2015; providing for the repeal of prior inconsistent ordinances and resolutions; providing for an effective date, first reading. Department: Administrative Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 13- 2015 (Attachment #1), is presented for adoption. Exhibit "A" to the Ordinance details the Revenues and Expenditures pertaining to the Starting Budget; Budget Transfers; 5 Year-end Budget Adjustments; and concludes with the 2015 Ending Budget. The revenues and expenditures have been adjusted to reflect what we believe to be the final Budget. This allows you to see revenue that has exceeded estimates or was under- realized. On the expenditures, it allows you to see where money was saved or in some cases, where projects were budgeted, but for some reason not completed, such as North Atlantic Avenue Improvements Project and the New City Hall Project, which have been re-budgeted for FY 2015/16. Attachment #2 shows a complete Budget Adjustment Detail sequentially numbered by Account/Department. As with past years, the Comprehensive Annual Financial Report (CAFR) will provide the actual expenditures for this budget year. . It is anticipated that the FY 14/15 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund $500,000 Special Revenue Fund $85,000 Capital Projects Fund $267,000 Wastewater Enterprise Fund $163,898 Stormwater Enterprise Fund $153,298 This is the first reading of Ordinance No. 13-2015 Submitting Department Director: John DeLeo Date: 10/12/2015 Attachments: #1 Ordinance No. 13-2015 with Exhibit"A"; #2 Budget Adjustment Detail Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments & Amendments; however, the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 10/12/2015 The City Manager recommends that City Council to the following action: Approve Ordinance No. 13-2015, first reading. Approved by City Manager: David L. Greene Date: 10/13/15 Attachment 1 ORDINANCE NO. 13-2015 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2014,AND ENDING SEPTEMBER 30,2015; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1,2014, and ending September 30,2015, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this _ day ,2015. Rocky Randels, Mayor ATTEST: FOR AGAINST John Bond _ Angela Apperson, City Clerk Bob Hoog Buzz Petsos Rocky Randels Approved as to form: Betty Walsh _ Anthony A. Garganese, City Attorney First Reading: 10/20/2015 Legal Ad Published: Second Reading: Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2015 FY 2014-2015 GENERAL FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 3,285,543 $ - ($2,693,911) $ 591,632 Cash Forward-Trans Impact Fees - - - - Cash Forward-R&R 148,650 - (62,965) 85,685 Ad Valorem Taxes 3,231,920 - (9,952) 3,221,968 Local Option Gas Tax 288,072 - 15,501 303,573 Franchise Fees 706,600 - 33,031 739,631 Utility Taxes 1,097,750 - 47,447 1,145,197 Communications Service Tax 488,299 - (20,834) 467,465 Permits&Licenses 320,949 - 16,116 337,065 Impact Fees 42,816 - (41,696) 1,120 Federal Grants 199,000 - (199,000) - State Grants 69,667 - (69,667) - State Shared Revenue 783,579 - 37,351 820,930 Local Shared Revenue 128,000 - - 128,000 Charges for Services 30,164 - 4,942 35,106 Garbage&Recycling Revenue 1,034,872 - 19,876 1,054,748 Recreation Fees 80,221 - (3,656) 76,565 Fines&Forfeitures 78,600 - (1,387) 77,213 Interest Income 83,401 - (19,585) 63,816 Fire Hydrant Rental Fee 59,115 - 271 59,386 Miscellaneous Revenue 130,300 - 3,674 133,974 Transfer from School Guard Crossing Fund 1,458 - - 1,458 Transfer from CC Redevelopment Fund 11,133 - - 11,133 Contribution from Wastewater Fund 756,073 - - 756,073 Contribution from Stormwater Fund 19,566 - - 19,566 TOTAL REVENUES $ 13,075,748 $ - $ (2,944,444) $ 10,131,304 EXPENDITURE Legislative $ 37,350 $ - ($15,691) $ 21,659 Administrative Services 383,508 - (14,733) 368,775 Community&Economic Development 314,796 - (2,561) 312,235 Protective Services 2,390,846 - 98,654 2,489,500 Fire/Rescue Services 1,868,981 - (45,876) 1,823,105 Building&Code Enforcement 410,294 - (104,686) 305,608 Infrastructure Maintenance 1,108,575 14,000 (326,635) 795,940 Leisure Services 671,730 4,000 (67,380) 608,350 Legal Services 151,025 - (34,138) 116,887 Solid Waste 1,019,172 - 19,762 1,038,934 Debt Service - 613,385 - 613,385 Non-Departmental 1,358,223 (613,385) - 744,838 Transfer to Community Redevelopment Agency - - - - Transfer to Capital Construction Fund 2,800,000 (2,375,000) 425,000 Transfer to Wastewater Enterprise Fund - - - Transfer to N Atlantic Ave Improvement Fund - - - - Contingency 561,248 (18,000) (76,160) $ 467,088 TOTAL EXPENDITURES $ 13,075,748 $ 0 $ (2,944,444) $ 10,131,304 Excess of Revenues Over/(Under)Expenditures $ (0) Page 1 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2015 FY 2014-2015 POLICE EDUCATION FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income $ 1,050 $ - (150) $ 900 Interest Income 90 - (90) - TOTAL REVENUES $ 1,140 S - (240) $ 900 EXPENDITURE Education&Training $ - $ - - $ - Contingency 1,140 - (240) $ 900 TOTAL EXPENDITURES $ 1,140 S - (240) $ 900 Excess of Revenues Over/(Under)Expenditures $ - FIRE PROTECTION FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Interest Income $ 200 $ - $ 125 $ 325 Impact Fees 9,711 - (9,711) - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 9,911 $ - (9,586) $ 325 EXPENDITURE Contingency $ 9,911 $ - (9,586) $ - TOTAL EXPENDITURES $ 9,911 $ - •S (9____._ I_____:._.... s Excess of Revenues Over/(Under)Expenditures $ - SCHOOL CROSSING GUARD FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - $ - $ - $ - Parking Fine Surcharge 1,400 - 327 1,727 Interest Income 58 - - 58 TOTAL REVENUES $ 1,458 $ - $ 327 S 1,785 EXPENDITURE Transfer to General Fund $ 1,458 $ - $ 327 $ 1,785 Contingency - - - - TOTAL EXPENDITURES $ 1,458 $ - $ 327 $ 1,785 Excess of Revenues Over/(Under)Expenditures $ - Page 2 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2015 FY 2014-2015 LIBRARY FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Ad Valorem Taxes $ 57,644 $ - $ 114 $ 57,758 1 Ad Valorem Tax Delinquent 100 - 777 877 Tax Penalty Income 25 - 4 29 Interest Income 1,995 - 2,200 4,195 Interest-Library Impact Fees - - - - Interest-Tax Collections - - 84 84 Net Increase(decrease)in FMV - - - - Impact Fees-Library 12,245 - (11,925) 320 Transfer from Capital Construction Fund - - - - TOTAL REVENUES $ 72,009 $ - $ (8,746) $ 63,263 EXPENDITURE Operating Expenses $ 34,430 $ - $ (7,060) $ 27,370 Capital Purchases 30,000 - (69) 29,931 Contingency 7,579 - (1,617) 5,962 1 TOTAL EXPENDITURES $ 72,009 $ - $ (8,746) $ 63,263 Excess of Revenues Over/(Under)Expenditures $ CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY2015 FY2015 FY2015 FY2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward S 36,197 $ - $ (36,197) $ - Shared Revenue from Cape Canaveral 55,330 - - 55,330 Shared Revenue from Brevard County 70,000 - 810 70,810 Interest Income 501 - (501) - Net Increase(decrease)in FMV - - - - Transfer from General Fund - - - - TOTAL REVENUES $ 162,028 $ - (35,888) $ 126,140 EXPENDITURE Operating Expenses $ 8,739 $ - 2,114 $ 10,853 Capital Purchases 23,462 113,694 (108,232) 28,924 Debt Service 11,133 - - 11,133 Transfer to N.Atlantic Ave.Imp.Fund 113,694 (113,694) - - Contingency 5,000 - 70,230 75,230 TOTAL EXPENDITURES $ 162,028 S - (35,888) S 126,140 Excess of Revenues Over/(Under)Expenditures $ - Page 3 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2015 FY 2014-2015 LAW ENFORCEMENT TRUST FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 3,498 $ - $ (3,498) $ - I Interest-State 25 - (25) - Contraband Income - - 5,115 5,115 Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 3,523 $ - $ 1,592 $ 5,115 EXPENDITURE School Resource Officer $ 3,498 $ - $ - $ 3,498 Contingency 25 - 1,592 $ 1,617 TOTAL EXPENDITURES $ 3,523 $ - $ - $ 5,115 Excess of Revenues Over/(Under)Expenditures $ - Page 4 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2015 FY 2014-2015 CAPITAL CONSTRUCTION FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward-General Government $ - $ - $ - $ - Cash Forward-Fire/Rescue - - - - Cash Forward-Protective Services - - - - Cash Forward-Leisure Services - - - - Cash Forward-Library - - - - Interest-General Government 2,000 - (2,000) - Interest-Fire/Rescue 540 - (540) - Net Increase(decrease)in FMV - - - - Transfer from General Fund 2,800,000 - (2,375,000) 425,000 Cap.Expansion Fees-General Government 16,174 - (16,174) - Cap.Expansion Fees-Fire/Rescue 3,444 - (3,444) - TOTAL REVENUES $ 2,822,158 S - (2,397,158) S 425,000 EXPENDITURE Capital-General Government $ 2,800,000 $ - (2,667,166) S 132,834 Capital-Fire/Rescue - 30,054 30,054 Transfer to General Fund - - - - Transfer to Library Fund - - - - Contingency-General Government 18,174 - 243,938 262,112 Contingency-Fire/Rescue 3,984 - (3,984) - TOTAL EXPENDITURES S 2,822,158 $ - (2,397,158) $ 425,000 Excess of Revenues Over/(Under)Expenditures S - - N. ATLANTIC AVE. IMPROVEMENT FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 870,000 $ - $ (856,404) 5 13,596 FDOT/Unobligated Reserves 1,944,821 - (1,944,821) - Interest-TIFF Funds - - 6,134 6,134 Net Increase(decrease)in FMV - - - - Transfer from GF-TIFF&SPIA - - - - Transfer from CC Redevelopmnt Agency 113,694 - (113,694) - TOTAL REVENUES 5 2,928,515 $ - $ (2,908,785) $ 19,730 EXPENDITURE Capital Purchases $ 2,814,821 5 - S (2,800,935) 5 13,886 Contingency - - 5,844 5,844 Capital/Wayfinding/Artwork 113,694 - (113,694) - TOTAL EXPENDITURES 5 2,928,515 $ - $ (2,908,785) $ 19,730 Excess of Revenues Over/(Under)Expenditures $ - Page 5 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2015 FY 2014-2015 WASTEWATER ENTERPRISE FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 1,419,900 $ - $ 74,976 $ 1,494,876 Utility Operating Income 3,541,671 - 43,524 3,585,195 Utility Penalty Income 53,148 - 6,865 60,013 Impact Fees 96,000 - (82,478) 13,522 Reuse Hook-Up Fees 5,000 - (3,555) 1,445 Reclaimed Water Revenue 69,720 - 6,675 76,395 Investment Income 6,600 - 7,595 14,195 Sale of Fixed Assets 15,000 - (10,312) 4,688 Transfer from General Fund - - 575,000 575,000 SRF Loan Proceeds 3,307,600 - (2,541,374) 766,226 Net Increase(decrease)in FMV - - 5,212 5,212 TOTAL REVENUES $ 8,514,639 $ - $ (1,917,872) $ 6,596,767 EXPENDITURE Personal Services $ 1,229,372 $ - $ - $ 1,178,256 Operating Expenses 945,563 38,500 (218,888) 765,175 Debt Service 649,384 - 247,879 897,263 Contribution to General Fund 756,073 - - 756,073 Transfer to Enterprise Capital Fund 4,817,500 - (1,817,500) 3,000,000 Contingency 116,747 (38,500) (78,247) - TOTAL EXPENSES $ 8,514,639 $ - (1,866,756) $ 6,596,767 Excess of Revenues Over/(Under)Expenses $ - Page 6 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2015 FY 2014-2015 STORMWATER ENTERPRISE FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 269,550 $ - $ 19,901 $ 289,451 Stormwater Utility Fees 581,400 - (935) 580,465 Investment Income 6,000 - (114) 5,886 SRF Loan Proceeds 407,700 - (155,875) 251,825 Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 1,264,650 S - $ (137,023) $ 1,127,627 EXPENDITURE Personal Services $ 201,970 S - 20,750 $ 222,720 Operating Expenses 235,038 - (44,271) 190,767 Contribution to General Fund 19,566 - - 19,566 Transfer to Enterprise Capital Fund 682,028 - (418,528) 263,500 Contingency 126,048 (4,778) 309,804 431,074 TOTAL EXPENSES $ 1,264,650 $ (4,778) (132,245) $ 1,127,627 Excess of Revenues Over/(Under)Expenses $ - ENTERPRISE CAPITAL FUND FY 2015 FY 2015 FY 2015 FY 2015 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Transfer from Wastewater Fund $ 4,817,500 $ - $ (1,817,500) $ 3,000,000 Transfer from Stormwater Fund 682,028 - (418,528) 263,500 SRF Loan Proceeds - - - - TOTAL REVENUES $ 5,499,528 $ - $ (2,236,028.00) $ 3,263,500 EXPENDITURE Capital-Wastewater $ 4,817,500 $ - $ (1,817,500) $ 3,000,000 Capital-Stormwater 682,028 - (418,528) 263,500 TOTAL EXPENSES $ 5,499,528 $ - $ (2,236,028) $ 3,263,500 Excess of Revenues Over/(Under)Expenses $ - I Page 7 of 7 General Ledger Budget Adjustment Summary City of Cape Canaveral Exhibit"B" Account Number Beginning Budget Amount Current Budget General Fund 001-007-541-432000 Street Lights 60,450.00 -8,000.00 52,450.00 001-007-541-462000 Equipment Maintenance 15,050.00 8,000.00 23,050.00 001-007-541-520000 Operating Supplies 15,400.00 -2,000.00 13,400.00 001-007-541-525000 Small Tools 6,200.00 2,000.00 8,200.00 001-007-541-530000 Street Repairs 14,450.00 14,000.00 28,450.00 001-011-572-640001 Capital-Machinery&Equip-R&R 0.00 4,000.00 4,000.00 001-015-519-710000 Principal-Revenue Note 2014 0.00 509,000.00 509,000.00 001-015-519-720000 Interest-Revenue Note 2014 0.00 104,385.00 104,385.00 001-017-901-480001 Promotional Activity-Website 1,800.00 13,245.00 15,045.00 001-017-901-710000 Principal-Rev.Note 2014 509,000.00 -509,000.00 0.00 001-017-901-720000 Interest-Rev.Note 2014 104,385.00 -104,385.00 0.00 001-017-901-990000 Contingency 561,248.00 -31,245.00 530,003.00 106-016-559-630001 Capital-Branding Initiative 12,500.00 3,810.00 16,310.00 106-016-559-630002 Mobility/Striping Project 0.00 14,795.00 14,795.00 106-016-559-630003 Oak Lane Improvements 0.00 95,089.00 95,089.00 106-016-581-910304 Transfer to N.AtI.Ave Imp Fund 113,694.00 -113,694.00 0.00 401-010-535-431000 Sludge Disposal Fees 73,000.00 16,000.00 89,000.00 401-010-535-461000 Building&Grounds Maintenance 7,750.00 7,000.00 14,750.00 401-010-535-520001 Safety Supplies 7,400.00 10,500.00 17,900.00 401-010-535-526000 Lab Supplies 33,500.00 5,000.00 38,500.00 401-010-535-990000 Contingency 116,747.00 -38,500.00 78,247.00 403-018-538-990000 Contingency 130,826.00 -4,778.00 126,048.00 403-018-581-910405 Transfer to Ent.Capital Fund 677,250.00 4,778.00 682,028.00 405-000-381-381403 Transfer from Stormwater Fund 677,250.00 4,778.00 682,028.00 405-010-535-623002 Sludge Belt Press Refurbishmen 898,650.00 -898,650.00 0.00 405-010-535-631008 Bleach System Upgrades 24,500.00 5,000.00 29,500.00 405-010-535-632006 Piermount Mixer Replacements 0.00 9,000.00 9,000.00 405-010-535-632008 Lift Station Pump Replacements 25,000.00 -7,500.00 17,500.00 405-010-535-641002 RAS Pump Motor Replacements 15,500.00 -14,000.00 1,500.00 405-010-535-641003 Wastewater Sampler Replacement 0.00 7,500.00 7,500.00 405-010-535-641009 Internal Recycle Pump Replacem 15,000.00 15,000.00 30,000.00 Attachment 2 405-010-535-641010 Transfer Basin Pump Replacemen 15,000.00 -15,000.00 0.00 405-010-535-643012 Reclaimed Water Tank 2,220,650.00 898,650.00 3,119,300.00 405-018-538-631002 Revise Stonnwater Master Plan 0.00 4,778.00 4,778.00 405-018-538-633003 W.Central Blvd.Pipe Replacemnt 211,400.00 40,000.00 251,400.00 405-018-538-633004 South Central Ditch Dredging 151,300.00 -40,000.00 111,300.00 GL-Budget Adjustment Summary(10/13/2015- 2:08 PM) Page 1