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HomeMy WebLinkAboutAgenda Packet 06-21-2016THE 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 tobe 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 June 21, 2016 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 fmal 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. CONSENT AGENDA: 6:15 p.m. 6:20 p.m. 1. Approve Minutes for Regular City Council Meeting of May 17, 2016. 2. Resolution No. 2016-08; declaring the private road, Cherie Down Lane, abandoned by the owners of record and a public nuisance due to abandonment and lack of regular maintenance and repair; declaring the City's intent to regularly maintain and repair Cherie Down Lane subsequent to the effective date of this Resolution pursuant to Section 95.361, Florida Statutes; providing that any person, corporation or entity claiming an interest in Cherie Down Lane may file a claim in equity or with a court of law against the City to cause a cessation of the maintenance and occupation of Cherie Down Lane authorized by this Resolution; providing that after seven (7) years from the effective date of this Resolution, all rights, title, easement and appurtenances in and to Cherie Down Lane shall be vested in the City of Cape Canaveral by operation of law; providing that after seven(7) years the City shall cause a map to be filed with the Clerk of the Brevard County Circuit Court vesting title of Cherie Down Lane in the City of Cape Canaveral; providing for the recording of this Resolution in the Official Records of Brevard County in order to provide Public Notice of the City's declaration and intent expressed in this Resolution; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 3. Resolution No. 2016-09; supporting the Initiative of the Space Coast and Treasure Coast Regional League of Cities `Indian River Lagoon Regional Compact; One Lagoon - One City of Cape Canaveral, Florida City Council Meeting June 21, 2016 Page 2 of 3 Community - One Voice'; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. 4. Resolution No. 2016-10; authorizing a sixty (60) day extension of time for the property owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in executed and recordable form in accordance with Resolution No. 2016-03; providing for repeal of prior inconsistent resolutions, severability and an effective date. 5. Approve Work Squad Contract W1082 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of$57,497 and authorize the City Manager to execute the same. 6. Award Contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Alcoholic Beverages to EXTREMERADS, LLC DBA Xstream Car Wash and Creamery(Xstream)and authorize City Manager to execute agreement for same. 7. Award the Bid for construction of the Canaveral City Park Ex-filtration Project to Villages Construction, Inc., in the amount of$1,671,030 and authorize the City Manager to execute the Construction Agreement for same. ITEM FOR ACTION: 6:20 p.m. 6:50 p.m. 8. Ordinance No. 02-2016; amending Chapter 110 Zoning, changing the list of permitted uses in the R-1, R-2, R-3, C-1, C-2 and M-1 zoning districts;creating definitions for car washes, veterinary clinics,veterinary hospitals, automotive maintenance facilities and convenience stores with or without the sale of gasoline at fueling stations; amending the definition of automotive repair facilities; amending supplementary district regulations;providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the code; severability; and an effective date, first reading. 9. Ratify the Composite City Manager Performance Evaluation and discuss/determine an appropriate response to the provisions detailed in Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene. 10. City Council designate one (1) City Official to be the Voting Delegate at the 90th Annual Florida League of Cities Conference scheduled for August 18-20, 2016—Diplomat Resort, Hollywood, Florida and decide if it wishes to propose resolution(s) for the League's consideration. REPORTS: 6:50 p.m. — 7:00 p.m. ADJOURNMENT: City of Cape Canaveral, Florida City Council Meeting June 21, 2016 Page 3 of 3 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 COUNCIL REGULAR MEETING j"-/ CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY May 17, 2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:58,P,M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member him Bond Council Member Mike Brown Mayor Bob Hoog Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Others Present: Community Development Director 1111114), David Dickey City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Human Resources Director Jane Ross Culture and Leisure Services Director Gustavo Vergara Economic Development Directonik Todd Morley Public Works Services Lector Joyce Muse Public Works Services Deputy Director Jeff Ratliff Brevard County Sheriff Commander Paul Ring Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTIC''U 'ATION:None PRESENTATION/INT'ERVIEWS: Key to the City Plaque— Brevard County Sheriff's Office Commander Paul Ring: Mayor Hoog stated that although Paul Ring will be leaving the Canaveral Precinct shortly, he will be the new Commander on May 21 and announced the City would recognize him tonight as Commander. Mayor Hoog noted Commander Ring's career accomplishments with the Brevard County Sheriffs Office (BCSO) since joining in 1986, thanked him for his service and presented him with a Key to the City Plaque. Commander Ring thanked everyone and mentioned working at the Canaveral Precinct for the last three years has been a blast with City Manager Greene, Staff, Mayor Hoog City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2016 Page 2 of 4 and City Council; he thanked those in the audience including his family, BCSO Senior Staff Assistant Amy Moody and BSCO Process Server Lisa Forester. Presentation to the City of Cape Canaveral in recognition of its commitment to professional management as a Council-Manager form of government for more than fifty(50)years,by St.Lucie County Administrator Howard N. Tipton, the Florida City and County Management Association (FCCMA) and the International City/County Management Association (ICMA): Mayor Hoog announced St. Lucie County Administrator Howard Tipton was not able to attend tonight and this Item would be postponed to a later time. Interview Applicant for appointment to the Code Enforcement Board (Charles Hartley): City Attorney Garganese inquired if all of the information on Mr. Hartley's application was true and correct to which he responded in the affirmative. Attorney Garganese asked if he felt comfortable, within the Code Enforcement Board capacity, to adjudicate people guilty nr not guilty and, if guilty, impose fines on fellow residents of Cape Canaveral to which Mr. Hartley responded yes and shared that his background as a claims constant for an insurance company gave him experience in that capacity.Council Member McMillinbrought out the fact that Mr.Hartley served as his Campaign Treasurer and questioned if that would affect his ability to vote. Attorney Garganese stated it was his opinion, under Florida Statutes, there is no conflict of interest. Discussion ensued and included: how Council Members werenfortable with appointing Mr. Hartley to the Board;how fines are imposed;then=process and how the City Council is deciding on whether to change the procedure;and Mr Hartley"s opinion of the proposed Ordinance.Council Members expressed appreciation for his desire to serve. CONSENT AGENDA, Mayor Hoog inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for Regular City Council Meeting of April 19, 2016. 2. Resulution No. 2016-447; appointing Member to the Code Enforcement Board of the City of Cape Canaveral; providingfor the repeal of prior inconsistent resolutions; severability; and an effective date. (Charles Hartley) 3. Award the Banana River Park North Parking Lot Improvements Bid #2016-01 to SDV Services, LLC,,in the amount of$93,742 and authorize the City Manager to execute the Construction Agreement for same. 4. Award the Banana River Park Putting Green (phase II) and Bocce Ball (phase III) Construction RFQ #2016-01 to Southwest Greens of Florida, LLC., in the amount of $61,000 and authorize the City Manager to execute the Construction Agreement for same. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2016 Page 3 of 4 Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. PUBLIC HEARING: Ordinance No. 01-2016; Amending Article VI "Code Enforcement", of Chapter 2 "Administration", of the City Code of Ordinances, by amending Section 2-260 "application for satisfaction or release of code enforcement liens" to revise the application procedures relating to the satisfaction, release, or reduction of code enforcement liens an a ` " ding title of section; providing for the repeal of prior inconsistent ordinances and resolutions; providing for incorporation into the Code;providing for severability; and prov, or an effective date, second readin :Attorney Garganese read the Ordinance title into the ecord. explained the current lien process, how the new Ordinance would change it and offered' answer ny technical questions Council might have. Mayor Hoog mentioned removing of the word "factum'. on page three as passed on first reading and how the change did not appear in tonight's draft:'~" ussion ensued regarding the intent of leaving the word in the Ordinace, whether to leave the W6Sitior not and how it could be revised later. The Public Hearing was opened.'N o comments were received and the Public Hearing was closed. Discussion ensued and included: how last fall, the City Council discussed making the fines commensurate to actual issues,no/defining who is responsible for lien reductions; discomfort in taking this procaineout of Council hands; how this is not being called a power grab, but the intent is to make things . efficient; how,it is part of Council duties to decide on lien reductions; purpose of the nevy.prdeetfintec keeping the Council focused on policy matters; several alternatives regarding delegating 0-leant:Wily la:approve code enforcement lien reductions other than delegating that authority'to tie City Manager as originally proposed. The City Council reached consensus that the authority to approve Code Enforcement lien reductions should be delegated to the Code Enforcement Board, subject to appeal to the City Council in order to streamline the cgt-procedure. Based on this general consensus, the City Attorney rev wed and read into the record the various changes to the sections of the Proposed Ordinance that wo`ld, "required in order to delegate that authority to the Code Enforcement Boar her than to the iity Managear, A motion was made by Council Member McMillin, seconded by Mayor Pro Ter Walshf to approve Ordinance No. 01-2016 on second reading, incorporate the changes`Td into the record by the City Attorney. The motion carried S- O with voting s' follows: C cil Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Coin MemberMcMillin, For and Mayor Pro Tem Walsh, For. ITEM FOR ACTION: Removal of a Specimen Live Oak Tree at 310 Lincoln Avenue (Staff recommendation is for Denial): Community Development Director Dickey asked if the Applicant was present; no one came forward. Mr. Dickey explained the history of the Item and stated Staff recommendation was to deny removal of the tree on the basis that the Applicant has not met certain criteria listed in the Code. Discussion ensued and included: how the City takes Oak trees to heart; the need for some trees to go and those that do not; the City is a Tree City; cracks in the driveway are indicative of settling;tree hazard ratings; and if the City could be held liable by the decision of denying removal. City of Cape Canaveral, Florida City Council Regular Meeting May 17, 2016 Page 4 of 4 Attorney Garganese noted the Applicant has not demonstrated a waterline has been damaged or given any supporting evidence of; there is no reason the City should be held accountable in applying its own ordinance and reasonable judgement based on the facts. Discussion continued regarding what appeared to be recent excessive trimming of the specimen tree and how that could kill a tree. A motion was made by Council Member Bond, seconded by Council Member McMillin,to deny removal of a Specimen Live Oak Tree at 310 Lincoln Avenue.The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog,For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. Review and Approve the City Council Strategic Planning Retreat; Process and Results Report, City Council Strategic Planning Retreat Minutes and the Cape Canaveral Vision Statement (Revised):Mayor Hoog inquired if the City Council desired to discuss the Item. There being none, Mayor Hoog explained the process, the content and how Council and Staff came to together on decisions made at the Strategic Planning Retreat of April 27, 2016. A motion was made by Council Member Brown, seconded by Council Member Bond, to approve the City Council Strategic Planning Retreat: Process and Results Report, City Council Strategic Planning Retreat Minutes and the Cape Canaveral Vision Statement(Revised).The motion carried 5- 0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin,For and Mayor Pro Tem Walsh, For. REPORTS: None ADJOURNMENT: There being no further business, the Meeting adjourned at 7:18 P.M. .141,1mmer Mia Goforth Bob Hoog, Mayor City Clerk City of Cape Canaveral , , i., tJ ��.l_._.4, A City Council Agenda Form City Council Meeting Date: 06/21/2016 y Item No. Subject: Resolution No. 2016-08; declaring the private road, Cherie Down Lane, abandoned by the owners of record and a public nuisance due to abandonment and lack of regular maintenance and repair; declaring the City's intent to regularly maintain and repair Cherie Down Lane subsequent to the effective date of this Resolution pursuant to Section 95.361, Florida Statutes; providing that any person, corporation or entity claiming an interest in Cherie Down Lane may file a claim in equity or with a court of law against the City to cause a cessation of the maintenance and occupation of Cherie Down Lane authorized by this Resolution;providing that after seven (7) years from the effective date of this Resolution, all rights, title, easement and appurtenances in and to Cherie Down Lane shall be vested in the City of Cape Canaveral by operation of law; providing that after seven (7) years the City shall cause a map to be filed with the Clerk of the Brevard County Circuit Court vesting title of Cherie Down Lane in the City of Cape Canaveral; providing for the recording of this Resolution in the Official Records of Brevard County in order to provide Public Notice of the City's declaration and intent expressed in this Resolution; providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Department: Public Works Services Summary: Cherie Down Lane is a privately-owned roadway located within the City of Cape Canaveral (City). The roadway is divided into two sections by plat. According to the Brevard County Property Appraiser's Office and chain-of-title documentation, each section is owned by a different corporation (Beach Park Village Homeowners and Beach Park Ent., Inc.). Both corporations have been dissolved for many years and neither corporation provides maintenance of the roadway. Consequently, the roadway, sidewalks and stormwater structures are in various states of disrepair. In January 2016, several residents approached City Staff with concerns about the condition of Cherie Down Lane. Common complaints from residents living along the roadway include the following: • Uneven roadway surface; • Sidewalks and Miami curbing cracked and settling; and • Potholes at eastern and western ends of roadway. Residents are concerned about the general condition/appearance of the roadway corridor and the deterioration of infrastructure. They are particularly concerned that if maintenance and repairs do not occur in the future, Cherie Down Lane will continue to deteriorate and may become a hazard to the general public. Due to the lack of a functioning Homeowners Association,the City appears to be the only entity capable of preventing this situation from occurring. Current Conditions.Historical information and the current condition of Cherie Down Lane are summarized as follows: • Roadway apparently built in 1986— 700 feet long by 22 feet wide; • Right-of-way for roadway/sidewalks estimated at 45 feet; • Sidewalks present on both sides of the roadway- each are 4 feet wide; • Street lights not present; City Council Meeting Date: 06/21/2016 Item No. :C-- Page 2 of 4 • Pavement in worse condition and older than pavement on most City roadways—pothole formation at western/eastern ends of roadway; • Miami curbing cracked and settled in areas; • Only significant signage located on western/eastern ends of roadway(i.e., stop signs and street name signs installed by the City); • Drainage information summarized as follows: 1. Eastern end —French drain across roadway with discharge to retention areas on northern/southern sides of roadway (private property) — French drain requires cleaning of vegetation and dirt every few years; 2. Western end—Large inlets on both sides of roadway—discharge to retention areas on northern/southern sides of roadway(private property); 3. No flooding reported during Tropical Storm Fay; and 4. Drainage does not enter City's stormwater system (future permitting for St. Johns River Water Management District not required). An aerial photograph of Cherie Down Lane and photographs documenting current site conditions are included in Attachment#1. Geotechnical Investigation: To determine structural conditions beneath Cherie Down Lane, the City's contractor, Ardaman and Associates, Inc., conducted a limited-scope geotechnical investigation in May 2016. The investigation included the performance of three borings to maximum depths of approximately 17 inches below grade. Tasks performed and results of the investigation are summarized as follows: • Asphalt thicknesses ranged between 7/8 and 13/ inches; • Base material thicknesses ranged between 6 and 8 inches; • Sub-base material thicknesses ranged between 6 and 9 inches; • Base material consists of crushed coquina; • Sub-base material consists of fine sand with crushed coquina; and • Asphalt in the central and eastern portions of the roadway in better general condition than the asphalt in the western portion of the roadway. A copy of the Geotechnical Report is included as Attachment#2. Past Maintenance Activities/Costs. The City provided some minor maintenance of the roadway in the past several years. Potholes near the eastern/western ends of the roadway were filled since they were near the rights-of-way of adjacent City-owned streets. Stormwater structures were cleaned of dirt and vegetation to improve flow into the dry retention areas. Signage was also maintained at each end of the roadway(i.e., stop signs and street name signs). These maintenance costs were minimal (<$500/year). Resolution No.2016-08: Florida Statutes provide that if a municipality regularly maintains and repairs a private road for at least seven (7) years, the municipality will obtain ownership of the road by operation of law. In other words,after seven(7)years of regular maintenance and repairs by the City, Cherie Down Lane will become a public street owned by the City. City Council Meeting Date: 06/21/2016 Item No. Page 3 of 4 Resolution No. 2016-08 formally authorizes the City to regularly maintain, repair and occupy Cherie Down Lane in order for the City to ultimately become the owner for the benefit of the public. The Resolution provides several important terms and conditions summarized as follows: • Cherie Down Lane will be deemed a public nuisance for at least seven (7) years until the roadway is either acquired by the City by operation of law or the owners of record resume the responsibility to regularly maintain and repair the road. • Although the City will commence regular maintenance,repair and occupation of the road for the benefit of the general public, such maintenance and repair will be at the City's sole discretion. • Any monies expended by the City to maintain and repair the road will be tracked by the City and secured as an assessment lien upon Cherie Down Lane until fully paid by the owners of Cherie Down Lane. However, if the City acquires the road after seven (7) years of regular maintenance and repair, the liens will be automatically forgiven by the City. • Any person, firm, corporation or entity having or claiming any interest in and to Cherie Down Lane shall be permitted to file a claim against the City, during the seven (7) year period, to stop the City from maintaining and repairing Cherie Down Lane. • After seven (7) years, if no person, firm or corporation has successfully stopped the City from maintaining and repairing Cherie Down Lane, the City will file a Map of Cherie Down Lane with the Clerk of the Court declaring that title to Cherie Down Lane is vested in the City. The Map will be executed and certified by the Mayor and City Clerk. The filing of the Map will vest ownership of Cherie Down Lane to the City. • Upon adoption of this Resolution by the City Council, it will be recorded in the Official Records of Brevard County to provide Public Notice in the land records that the City will be regularly maintaining and repairing Cherie Down Lane and will be claiming ownership of Cherie Down Lane after the seven (7) year time period lapses. A copy of Resolution No. 2016-08 is included as Attachment#3. Staff Recommendation. Staff recommends that City Council adopt Resolution No. 2016-08 in order to protect the safety of the citizens of Cape Canaveral. Cherie Down Lane is constructed with adequate base and sub-base; however, the asphalt is in fair to poor condition with pothole formation. If provided by the City, future routine maintenance would be minimal and would include patching of potholes, maintaining signage and cleaning of stormwater structures; the City would also provide street sweeping services. Costs for these routine maintenance activities are estimated at <$1,000 per year. Eventually, paving of the roadway, construction of new sidewalks/curbing and improvements to the stormwater inlets would be required as well as the possible installation of solar-powered street lights. Estimated costs for these major improvements would be in excess of$100,000. With the City providing routine maintenance of infrastructure in the Cherie Down Lane corridor, property values would most likely increase depending on a number of factors. In general, maintenance of the roadway by the City would significantly benefit the homeowners of Cherie Down Lane and would continue to improve the revitalized Ridgewood Avenue neighborhood. Submitting Department Director: Jeff Ratliff 2 Date: C.(1 j t L Attachments: #1 —Aerial and Site Photographs City Council Meeting Date: 06/21/2016 Item No. Page 4 of 4 #2 - Geotechnical Report #3 - Resolution No. 2016-08 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial \\ ;\. \ 1 `� Services Director: John DeLeo , Date: The City Manager recommends that City Council take e following action: Adopt Resolution No. 2016-08. Approved by City Manager: David L. Greene 01-311- Date: /2- /lb Attachment #1 Aerial and Site Photographs 1 c_ , ' . r : g. . , 1 , ..; ic.„. .... ,,, . . . , . , 7 . • . ... _. • . ielionla ,Climelkm : ,:,._ ' . (We. _ rowyouw.: in : • : . _ , :..,...., . __., lir 4),;.. ,ji: / • , M 41 ., . : , ,,A, , .. i. _ . , L ` W� I �5i 4 ., - '. ' I 111 ' _ , _ Cherie Down Lane—north is to the top of photograph. . flit Zirr.% . l'*.:1-. • Current condition of Cherie Down Lane—looking east(note potholes recently filled by City Staff). A 1II ._ -4.4e __--- _iir- .. �If.l till" l Tam �_ i .,r, Current condition of Cherie Down Lane—looking west(note French drain in roadway). r • i ' _ '- -Ai 1.r-� . -— . _ -_ ---f...-,":7' t g a y r � 1:.4 4 , ' -. +h-W �',Ir.. :%%." ,_fir--'.. yki ..,...,441--'—' ., — — ate^- . I One of stormwater inlets and dry retention areas located along western end of roadway—looking northeast. Attachment #2 Geotechnical Report mipr Ardaman & Associates, Inc. EEO% Geotechnical,Environmental and Materials Consultants May 23,2016 File No. 16-23-5224 City of Cape Canaveral Public Works Department 601 Thurm Boulevard Cape Canaveral,Florida 32920 Attention: Mr.Jeff Ratliff Subject Report of Pavement Coring Services Cherie Down Lane Cape Canaveral, Florida P.O.No. 13437 Dear Mr.Ratliff: As requested,an Ardaman&Associates representative was present at the project site on May 18,2016,to perform asphaltic concrete coring services.This report presents our test results. Using a portable coring machine fitted with a 6-inch diameter core barrel,Ardaman's technician cored the asphaltic concrete roadway at three locations.One core(Core C-1)was performed approximately 115 feet east of Rosalind Avenue in the westbound lane of Cherie Down Lane. The second core(Core C-2)was performed approximately 280 feet east of Rosalind Avenue in the eastbound lane of Cherie Down Lane. The third core (Core C-3)was performed approximately 275 feet west of Ridgewood Avenue in the westbound lane of Cherie Down Lane. At each location, the asphaltic concrete and encountered base material were cored, removed from the pavement section, measured, packaged, and returned to our laboratory for further observations. Upon completion of the coring, a hand auger boring was drilled through the open corehole and extended to the bottom of the stabilized subgrade. Upon completion of the coring and hand augering, each of the core holes was filled with cold patch asphalt. The encountered pavement profiles at the core locations are summarized in the table below. We note that the asphaltic concrete at Core C-3 was observed to be in generally better condition than the other two boring locations. Location Asphaltic Concrete Thickness Base Stabilized Subgrade (inches) Thickness Type (inches) (inches) C-1 8 Coquina 8 C-2 1 % 7 Coquina 9 C-3 1 % 6 Coquina 6 The stabilized subgrade for core locations C-1 and C-2 appeared to be a brown fine sand with silt,with clayey sand and coquina. The stabilized subgrade for core location C-3 appeared to be a brown fine sand with coquina,with trace clayey fine sand. 1300 N.Cocoa Boulevard,Cocoa,FL 32922 Phone(321)632-2503 FAX(321)636-4657 Louisiana: Alexandria.Baton Rouge.Monroe.New Orleans.Shreveport Florida: Bartow,Cocoa.Fort Myers,Miami,Orlando,Port Charlotte.Port St.Lucie,Sarasota,TaNahasses,Tampa,West Palm Beach Brevard County Public Works File No. 16-23-5224 -2- We are pleased to be of service to you on this phase of the project.Should you have any questions concerning this report or the site,please contact us. Very truly yours, ARDAMAN 8 ASSOCIATES,INC. Certificate of Authorization No.5950 9cit...,it 11-7,7„),... . nen . Dustin M.Cone Jason P. Manning, P.E. Assistant Project Engineer Branch Manager Florida License No.53265 Attachment Figure 1 �tluai ` ft '4. 4! 1 , Nom * *_ , ; ,.. _ r • e ` � .• J — —. - —+� ,, a C`-1. .+�� ' Ill MI , • . • 4 f f 4. .r- I 1 t 7. 4 i ' -. 4 _1... . . I. f 11. 1 r ._ bC T2 ° ' I.ki. 9 11 O. k' i . it' . , I - '► t • I : i Y - F lk i li ,.. 4 --... ' - Ili: ti 8 C3. w-. it , . k 1 ,,E.Pb,16 . a , u - iF- ..... _ . r..- ,L . . 4i ., ,..,. . . , . • ,. _ , . , . 111 04 ' *-.it - .., ...., . r %. , 3 '1' IA ON 1 , „lir I m � � - r V + i LEGEND CORE LOCATION PLAN Ardaman & Associates, Inc. �..i.��r��, c�ARo�nlo� and 6 C CORE LOCATION Ner.eiw ' x„-i.....--. DOSING PAVEMEM EXRLQRI1110N o so ,� AREA THAT SHALL HAVE NO CORMlG E DOWN to WITHIN APPROXIMATELY 200 FEET OF CAPE �' � RIDGEWOOD AVENUE. Nom — -.•+oo� ...4 sr_r. in ems_ .. c ,7J,i AI i — .... ..r ARM i8-5424. 1 Attachment #3 Resolution No. 2016-08 RESOLUTION NO. 2016-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, DECLARING THE PRIVATE ROAD, CHERIE DOWN LANE, ABANDONED BY THE OWNERS OF RECORD AND A PUBLIC NUISANCE DUE TO ABANDONMENT AND LACK OF REGULAR MAINTENANCE AND REPAIR; DECLARING THE CITY'S INTENT TO REGULARLY MAINTAIN AND REPAIR CHERIE DOWN LANE SUBSEQUENT TO THE EFFECTIVE DATE OF THIS RESOLUTION PURSUANT TO SECTION 95.361, FLORIDA STATUTES; PROVIDING THAT ANY PERSON, CORPORATION OR ENTITY CLAIMING AN INTEREST IN CHERIE DOWN LANE MAY FILE A CLAIM IN EQUITY OR WITH A COURT OF LAW AGAINST THE CITY TO CAUSE A CESSATION OF THE MAINTENANCE AND OCCUPATION OF CHERIE DOWN LANE AUTHORIZED BY THIS RESOLUTION; PROVIDING THAT AFTER SEVEN (7) YEARS FROM THE EFFECTIVE DATE OF THIS RESOLUTION, ALL RIGHTS, TITLE, EASEMENT AND APPURTENANCES IN AND TO CHERIE DOWN LANE SHALL BE VESTED IN THE CITY OF CAPE CANAVERAL BY OPERATION OF LAW; PROVIDING THAT AFTER SEVEN (7) YEARS THE CITY SHALL CAUSE A MAP TO BE FILED WITH THE CLERK OF THE BREVARD COUNTY CIRCUIT COURT VESTING TITLE OF CHERIE DOWN LANE IN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE RECORDING OF THIS RESOLUTION IN THE OFFICIAL RECORDS OF BREVARD COUNTY IN ORDER TO PROVIDE PUBLIC NOTICE OF THE CITY'S DECLARATION AND INTENT EXPRESSED IN THIS RESOLUTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by City of Cape Canaveral Resolution No.2016-08 Page 1 of 6 law; and WHEREAS, Cherie Down Lane is a private road located within the City of Cape Canaveral that is legally described in two separate plats, Beach Park Village Nat(Plat Book 32, Page 89 and replat of a portion thereof recorded in Plat Book 36, Page 11 of the Public Records of Brevard County, Florida) and the First Addition to Beach Park Village (Plat Book 37, Page 16 of the Public Records of Brevard County, Florida); and WHEREAS, although a private road, Cherie Down Lane was dedicated to the perpetual use of the public pursuant to the terms and conditions stated in the aforesaid Plats; and WHEREAS, the City Council hereby finds that Cherie Down Lane has been in a state of disrepair due to lack of maintenance for a number of years prior to the effective date of this Resolution, and that if regular maintenance and repairs do not occur in the future, Cherie Down Lane will continue to deteriorate and become dangerous for the traveling public; and WHEREAS, in order to ascertain the owners of Cherie Down Lane and to attempt to cause the owners to provide future maintenance of Cherie Down Lane,the City Attorney obtained a title report from Old Republic National Title Company, dated March 2, 2016 ("Title Report"); and WHEREAS,the Title Report indicated that the record owners of Cherie Down Lane are the Beach Park Village Homeowners Association, Inc., a dissolved Florida corporation, as to the East portion, and Beach Park Enterprises, Inc., a dissolved Florida corporation, as to the west portion; and WHEREAS, the Florida Department of State's website indicates that Beach Park Village Homeowners Association, Inc. was involuntarily dissolved on or about November 16, 1987, and that Beach Park Enterprises, Inc. was administratively dissolved on or about September 24, 1999; and WHEREAS, to the best of the City's knowledge and belief, the Beach Park Village Homeowners Association, Inc. does not appear to be a functioning homeowners association and the Association and the members thereof have not taken any steps to maintain Cherie Down Lane, as required by the Declaration of Restrictions and Protective Covenants for Beach Park Village,which were recorded at Brevard County Official Record Book 3009,Page 0029; and WHEREAS, notwithstanding the dissolution of Beach Park Enterprises, Inc., the City Attorney's office attempted to locate the last named members of the board of directors of said corporation in order to attempt to obtain a quit-claim deed from the dissolved corporation conveying the west portion of Cherie Down Lane to the City; and City of Cape Canaveral Resolution No.2016-08 Page 2 of 6 WHEREAS, although the City Attorney located one of the last known board members of said corporation, that member (Attorney John B. Shoemaker) refused, by email to the City Attorney dated April 29, 2016, to execute a quit-claim deed to the City; and WHEREAS, the City also does not have a legal means to compel the reformation of the homeowners association for purposes of either requiring the association to maintain Cherie Down Lane or to convey Cherie Down Lane to the City; and WHEREAS, given that both corporations have been dissolved, and appear to have been inactive for many years, the City Council finds that it is unable to require the record owners of Cherie Down Lane to take appropriate action to adequately maintain Cherie Down Lane or to convey Cherie Down Lane to the City; and WHEREAS, based on the aforesaid recitals, the City Council hereby finds that Cherie Down Lane appears to be an abandoned private road which is not being adequately maintained and repaired; and WHEREAS, the City Council also declares that Cherie Down Lane constitutes a public nuisance due to the fact that it has been abandoned by the property owners of record and has not been regularly maintained and that the City does not have the ability to require any interested third party to remedy the public nuisance; and WHEREAS,due to the lack of an available remedy to require an interested party to abate the public nuisance declared by this Resolution, the City Council desires to attempt to abate this public nuisance by declaring the City's intent to regularly maintain Cherie Down Lane in the future to the extent feasible; and WHEREAS, the City Council also desires to declare the City's intent to exercise the rights granted to municipalities under Section 95.361, Florida Statutes, in order to vest all rights, title, easement, and appurtenances in and to Cherie Down Lane in the City immediately after seven(7) years from the effective date of this Resolution; and WHEREAS,the City Council of the City of Cape Canaveral deems that this Resolution is necessary to protect the public health,safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference City of Cape Canaveral Resolution No.2016-08 Page 3 of 6 and are deemed findings of fact that are a material part of this Resolution. Section 2. Cherie Down Lane. The road referred to in this Resolution is legally described as follows: Parcel 1 — Private road aka the East '/2 of Cherie Down Lane as described in Plat Book 32,Page 89,of the Public Records of Brevard County, Florida. Parcel 2 - Private road aka the West '/2 of Cherie Down Lane as described in Plat Book 37,Page 16,of the Public Records of Brevard County, Florida. Cherie Down Lane is depicted on the attached two page composite EXHIBIT "A," which is hereby fully incorporated herein by this reference. Section 3. Declaration of Public Nuisance. Based on the findings of fact set forth in the recitals, the City Council hereby declares that Cherie Down Lane is a public nuisance requiring the City to take immediate steps to abate said nuisance. The City further declares its intent to regularly maintain and repair and occupy Cherie Down Lane in the future in order to protect the public health, safety and welfare of the citizens of Cape Canaveral. This declaration of nuisance shall remain in effect until such time the City is vested with all rights, title, easement, and appurtenances in and to Cherie Down Lane pursuant to Section 95.361, Florida Statutes, or the property owners of record take steps to regularly maintain and repair Cherie Down Lane to the satisfaction of the City or a person, firm, corporation, or entity having or claiming any interest in and to Cherie Down Lane successfully causes a cessation of the maintenance and occupation of Cherie Down Lane by the City pursuant to Section 5 of this Resolution. Section 4. Future Maintenance and Repair of Cherie Down Lane; City Assessment Lien to Abate Public Nuisance. Upon the effective date of this Resolution, the City hereby declares its intent to regularly maintain and repair Cherie Down Lane for the benefit of the general public to the extent deemed reasonably necessary by the City. Such future maintenance and repairs shall be at the sole discretion of the City. Nothing herein is intended to create any specific third party beneficiaries under this Resolution. Any monies expended by the City to maintain and repair Cherie Down Lane from the effective date of this Resolution including, but not limited to labor and materials, shall constitute a City assessment lien upon and against Cherie Down Lane until fully paid by the owners of record. However, if the City is eventually vested with title and ownership in and to Cherie Down Lane, the assessment lien shall hereby automatically be deemed forgiven and released. City of Cape Canaveral Resolution No.2016-08 Page 4 of 6 Section 5. Right to Contest the City's Interests Declared by this Resolution. In accordance with Section 95.361 (4), Florida Statutes, any person, firm, corporation, or entity having or claiming any interest in and to Cherie Down Lane shall have and is hereby allowed a period of seven (7) years after the initial date of regular maintenance or repair of the road (effective date of this Resolution) to file a claim in equity or with a court of law against the City of Cape Canaveral to cause a cessation of the maintenance and occupation of Cherie Down Lane by the City. Such timely filed and adjudicated claim may prevent the City from acquiring title to Cherie Down Lane after seven years from the effective date of this Resolution. Section 6. Filing of Mau With Clerk of Court After Seven (7)Years. After seven(7) years have passed from the effective date of this Resolution, the City Manager is hereby authorized to file a Map in the office of the Clerk of the Brevard County Circuit Court showing Cherie Down Lane and reciting on said Map that Cherie Down Lane has vested in the City of Cape Canaveral in accordance with Section 95.361(3), Florida Statutes, as may be amended, or by any other means of acquisition, duly certified by the Mayor and City Clerk. The Map shall be prima facie evidence of ownership of Cherie Down Lane by the City of Cape Canaveral. Further, to the extent deemed necessary by the City Manager or City Council after seven (7) years, the City may also perfect title in Cherie Down Lane by filing a quiet-title action pursuant to Chapter 65, Florida Statutes, to ensure marketable title to Cherie Down Lane is vested in the City of Cape Canaveral by court order. Section 7. Recording the Resolution. Upon approval of this Resolution by the City Council and full execution by the City, the City Clerk shall record this Resolution in the Official Public Records of Brevard County, Florida, in order to provide public notice of the City Council's declaration and intent to regularly maintain and repair Cherie Down Lane for the benefit of the general public and to afford the City all of the rights vested in municipalities pursuant to Section 95.361,Florida Statutes. Section 8. 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 9. 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 10. 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.2016-08 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this 21st day of June,2016. ATTEST: Bob Hoog,Mayor Mia Goforth City Clerk Name For Against John Bond Mike Brown Bob Hoog Brendan McMillin 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.2016-08 Page 6 of 6 EXHIBIT A .......,.,... _ s .:v...„.....,...„.: ileMere *Vi h3,1 p. - . * =MEM II R ElligallE 9 m ..<.,.i 1 I( t1 I I * 35 13C13 Iril ;i '. . t' I ' } 40 tit _ -- _ �D _ o "� s C7 .• -- pz 6 I ;I 74 I ;i it a M �'�i:" ii 1-24 �` a i .I-:LI r : 18 tJ •-! e ! ` D 25L!! ! 3 1 . 1of c sq I " I I� „ 2f.-n li';.t1 lilt L • N 1 - so +i ){1 i, i t i! iQ y .-91NIMMINII 0, 2 1U t;'�iiL _ I ,1 of I I . i g Efr— o .,, I ° I 11 I .11 D Z : 4 ' 1 1 1 *a 'I I Qp1�� 171 V s 1 _ ---_=...4...... . t I I a II I11 .. i i . ” f 4 ow 11 gg . i 4vEh i t ...--�.L i NI } L(rJi i �.fi ' LittI Ullf ; 111 };ffl t .: 1. , li ;'_111; +;1 1J1r: + T1° 1111 1 iJ1ye_ : 1: '.1' 1 = I . : qg�► � pp I Ig+•, s �.: t ' ti ii �iiiiiiiii, Ii tr 1�#t i f # • '1 1iII�_I1e 1ii1 I I!I: �I:� . 11'o- .{,yI '•t-f yi 1- 104 •�il: four:. I I Ii it m ':, �►` HMI 1 •t a;t�lll� i1=�[If. 11 oil ''' 9 .a C" yam, • If iii +1� {+' itiK [ 111111 t11 f� 1$ ii ' yIl� r til, ,r 4e-_, , ., iti, 11t ,�.1yj[ 1 ;tr ' 'tigi . '1 t tl z1 0 t`i'11.H3 y i+fill til11A'llf11� 1 �`yl+t" _.^, g.-4 ill ;1'ill.>r • Iiti lt Il i'l1 i PI, °p ' a°g'si11 t g11 1i r I iII. ! . 2IIIII Il! Li .l. iil 9 >+✓ - = _ iItrz1 111 it Mill 1 I�..a':,;,,. ltt'.i -.....r..00.., , 11.11- , ,i -71°.11� fi i ! 11,1$ git 1 4 I .I&4q 1 I -- !i`. !�i ` ! S li el �J I J s .1 11 it_,--zi pit iii >! UJ'[ : 1 r 2I S -I 1 fii.iii owl i 11. k - 1.- il ,., I 1.11 1 j1 1 IV.:1 It; I i 141/i 11 I o m I II II P ;Itil 11 W4, i . rf- 1 il till i°4 1 n.i, I I. I 1 ;1 itit 4' ' h 0/1 I1 ,• ` it 3— 1 _.. 1 411 L tr, i ....,,. 1- I, . fri lip .101 1 -., 4-41 ill, ,., 1 : N I 1 3 II u 01• ,' 141 11117r e' lOr .IT: I- 1` y,! 1; ` x'..1...11.3 .,1.41 1' 1 • #t t! / Ili ill I 1 7!� � � '; II iM 1 11° 1, I I! I .e i i ? 4 ,:`� icy 'Blit il/ ') i1 1X» 1 I , ,I 1 tI 11 41 II .waa..t el .1% ".....w..sr. 1 1 1 _ t i� - -- 7nn7/A un�r-a . 1 c r'// Order.QuIdnaew Doc FLBREV:MPLT 37-00016-12009 Page 1 oft Crested By:mars Printed:2/3/2016 11:22:05 AM EST City of Cape Canaveral �.� ;!, City Council Agenda Form City Council Meeting Date: 06/21/2016 Oltr Or CAM LAIMIllt.t Item No. Subject: Resolution No. 2016-09; supporting the Initiative of the Space Coast and Treasure Coast Regional League of Cities `Indian River Lagoon Regional Compact; One Lagoon - One Community-One Voice';providing for the repeal of prior inconsistent resolutions, severability, and an effective date. Department: Administration Summary: The City of Cape Canaveral is a member of the Space Coast League of Cities (SCLOC), an organization of municipalities in Brevard County affiliated with the Florida League of Cities to promote a united voice for Florida's municipal governments. To the South of SCLOC is the Treasure Coast Regional League of Cities (TCRLC), a similar organization spread across four counties. The SCLOC and TCRLC are working together as the Indian River Lagoon (IRL) Leagues with the objective of being responsible stewards of the IRL and are asking their member municipalities to each pass a Resolution to join an Indian River Lagoon Regional Compact. This Compact is an initiative for the members of the IRL Leagues to work together, individually and collectively, to establish policies, develop innovations and pursue funding,at Local, State and Federal levels,towards the common goal of restoring and protecting the fragile ecological balance of the IRL. Such potential policies and innovations would also position the IRL region and the State of Florida as leaders in clean-water technology and high-tech job creation. The health of the IRL is vital not just to our own City, but approximately 50 other cities across 5 counties, accounting for 1.7 million residents. Last March, the IRL suffered one of its worst ecological events in recent memory with a massive "fish kill", leaving thousands of dead fish on the IRL's banks. This "fish kill" was the latest event in a five year period of algae blooms that have destroyed large portions of the IRL's native seagrass along with the loss of large numbers of manatees, dolphins and pelicans. There is strong consensus among the SCLOC, TCRLC and other interested parties (such as the Volusia League of Cities to the North) that the IRL requires significant, strategic and recurring public and private investment to implement urgently needed restoration projects that will restore, protect and sustain the environmental, social and economic benefits that the IRL provides. The IRL Leagues' current strategy is to work with its members and partners to convene and fund an IRL Restoration Summit every 2 years to share restoration progress/recommendations and to make amendments and additions to the IRL National Estuary Program Comprehensive Restoration Plan. Participation in this Compact does not prohibit the City from acting independently on matters regarding the IRL. The commitments contained in the Compact will not be effective until all participating municipalities approve the Compact through,their respective means. Submitting Department Director: Mia Gofort,/ Date: (/7 //#. Attachment: Resolution No. 2016-09. Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 6(> City Council Meeting Date: 06/21/2016 Item No. 3 Page 2 of 2 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2016-09. Approved by City Manager: David L. Greene(77'-z Date: 6/2//‘ RESOLUTION NO. 2016-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA; SUPPORTING THE INITIATIVE OF THE SPACE COAST AND TREASURE COAST REGIONAL LEAGUE OF CITIES `INDIAN RIVER LAGOON REGIONAL COMPACT; ONE LAGOON-ONE COMMUNITY-ONE VOICE'; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Space Coast and Treasure Coast Regional League of Cities, herein the Indian River Lagoon Leagues (IRL Leagues), are affiliated with The Florida League of Cities, the united voice for Florida's municipal governments; and WHEREAS, the objective of the IRL Leagues is to be responsible stewards of the Indian River Lagoon, by working in a collaborative manner to promote local self-government, serve the needs of our representative municipal governments and residents, and advance the belief that local self-government is the keystone of American democracy; and WHEREAS,the four Florida east coast counties that border the Indian River Lagoon (i.e. Brevard, Indian River, St. Lucie and Martin Counties) along with other municipalities (Other Parties) may join in this compact because we share a common belief that our exceptional quality of life is rooted in the Indian River Lagoon's rich cultural heritage, dynamic innovation economy, and coastal and ocean resources of global significance; and WHEREAS, the Indian River Lagoon has become one of the most vulnerable estuaries in Florida that is threatened throughout its geographic range and watershed by water quality decline, habitat alteration and loss, fisheries decline, loss of filter feeders and biological diversity, invasive exotic species, altered hydrologic flow, pathogens, toxic chemicals; and WHEREAS, the nutrient pollution sources represent the most serious threat to the Indian River Lagoon with nutrient and pollutant loads that originate from inadequate design and aging infrastructure issues associated with stormwater conveyances, groundwater conveyances (i.e. old sewer systems, wastewater management, sludge management), legacy nutrients already residing in the IRL as muck deposits, industry waste and pollutants, and residential/commercial property owner activities and behaviors that negatively impact the IRL related to fertilizer, landscaping, application of pesticides/herbicides and others; and WHEREAS, there is strong consensus among the Space Coast and Treasure Coast Regional League of Cities and Other Parties to this compact that the Indian River Lagoon (an Estuary of National Significance and one of the most biologically diverse estuaries in North America) requires significant, strategic and recurring public and private investment to implement urgently needed restoration projects that will restore, protect and sustain the environmental, social and economic benefits that the IRL provides to the region, the State of Florida and the Nation; and City of Cape Canaveral Resolution No.2016-09 Page 1 of 5 WHEREAS, the quality of life of approximately 50 cities and 5 counties of the Indian River Lagoon region Florida and their respective populations, totaling more than 1.7 million residents are dependent on the environmental health and economic vitality of the Indian River Lagoon with an estimated annual economic value of$3.7 billion annually. WHEREAS, the creation of the IRL Council, a special district of the State of Florida in 2015 provided a historic opportunity for expanded local leadership, participation, and responsibility from cities and counties along the Indian River Lagoon with dedicated annual funding through interlocal agreement from federal, state and local IRL Council partners; and WHEREAS,acceptance by the U.S. Environmental Protection Agency of the IRL Council as the new host of the Indian River Lagoon National Estuary Program on January 8, 2016 provides an opportunity to implement a non-regulatory, collaborative and consensus-building approach to IRL restoration, conservation and stewardship decision-making. NOW, THEREFORE, BE IT DULY RESOLVED BY THE SPACE COAST AND TREASURE COAST REGIONAL LEAGUE OF CITIES AND OTHER PARTIES TO THIS COMPACT,AS FOLLOWS: Section 1. Connected Leadership. That the IRL Leagues and Other Parties to the compact shall work in close collaboration with the IRL Council and the Indian River Lagoon National Estuary Program (IRL NEP)to develop and implement a visionary and comprehensive restoration plan for the Indian River Lagoon based on the best available science and a process that nurtures open communication and engagement among scientists, resource managers, citizens, and stakeholders with representatives from the public, private and independent sectors at all levels. The IRL Leagues will be cooperative and active participants in that process. Section 2. Policy (Local/State). That the IRL Leagues and Other Parties to the compact shall work individually and collectively to evaluate and amend existing policies and make recommendations for new policies at local and state levels that restore and protect the Indian River Lagoon. General policy areas include the need for a comprehensive statewide policy for Florida's waters and waterways. Policy recommendations shall result in nutrient/pollutant load reduction to coastal estuaries and waters. Specific Indian River Lagoon policy areas of importance shall include, but are not limited to policies that: • Streamline the permitting process for proven estuary/coastal restoration techniques and projects. • Accelerate wastewater infrastructure improvements that reduce significantly or prevent chronic, accidental and permitted discharges of nutrients/pollutants to groundwater and surface waters. • Seek increased funding for and reduce the cost of converting coastal septic systems to central sewer systems and provide incentives for property owners and local governments to encourage conversions. • Address local home-rule issues in existing Florida policies that impede septic to sewer conversion. City of Cape Canaveral Resolution No. 2016-09 Page 2 of 5 • Advance stormwater treatment and retention projects including dispersed water management on public and private lands. • Support local and regional efforts to increase water storage, aquifer recharge and the health and longevity of the Indian River Lagoon region's ground and surface fresh water supplies. • Develop an innovative model Indian River Lagoon nutrient credit trading policy to advance nutrient removal of legacy load muck in the IRL; • Provide financial and economic incentive programs and expanded state cost-share programs for local government Indian River Lagoon restoration projects; • Leverage and enhance the long-term use of Land Acquisition Trust Fund (Amendment 1) monies for Indian River Lagoon restoration, including bonding these monies. Policy (Federal). That the IRL Leagues and Other Parties to the compact shall work in close collaboration with the State of Florida to develop legislative policy statements that clarify and define the Federal role and responsibilities for the restoration and stewardship of the IRL, an estuary designated as an"Estuary of National Significance" in 1990 and request expanded Federal funding from the Congress of the United States for IRL ecosystem restoration. Transmittal of IRL Leagues statements will be to the Congressional Delegation representing, in part or in whole, districts within the area covered by this compact. Section 3. Restoration Investment. That the IRL Leagues and Other Parties to the compact shall work cooperatively with the IRL Council and IRL NEP and other local, state and federal partners to expand existing funding and identify new funding sources (especially important is annual recurring funds) for IRL restoration and long-term stewardship. The IRL Leagues and Other Parties to the compact recognize the following high priority needs for expanded investment: • Indian River Lagoon restoration projects that reduce significantly or eliminate unnatural freshwater discharges and associated nutrient/pollutant loads to the IRL from stormwater, groundwater and wastewater,both point and non-point sources. • Muck removal from the Indian River Lagoon to reduce accumulated nutrient loads and fine sediments that impact water quality and clarity, sediment health and fuel harmful algal blooms. • Restoration and replanting/restocking (as needed) of critical habitats and species that directly influence ecosystem health, biodiversity, ecosystem resilience and commercial/recreational economic value of the Indian River Lagoon (i.e. seagrasses, oysters, clams, living shorelines, wetlands, mangroves). • Comprehensive monitoring, mapping and modeling by public agencies, scientists and citizen volunteers to identify conditions and track ecosystems trends. The IRL Leagues and Other Parties to the compact support use of Florida Water and Land Legacy funds approved by Constitutional Amendment in 2013 (Amendment 1)for annual,recurring Indian River Lagoon restoration and stewardship funding. Section 4. Informed and Engaged Cities and Citizens. That the IRL Leagues and Other Parties to the compact shall work cooperatively with the IRL Council and IRL NEP and other local, state and federal partners to develop, fund and implement effective, efficient and science- based citizen information and engagement programs throughout the Indian River Lagoon. City of Cape Canaveral Resolution No. 2016-09 Page 3 of 5 Section 5. Innovation Investment. That the IRL Leagues and Other Parties to the compact shall ask the State of Florida and the Department of Economic Opportunity (in partnership with the private sector) to create a program and annual funding opportunity that invests in applied scientific research and technology development to develop innovative, efficient, and cost-effective clean water technologies,nutrient/pollutant removal technologies and muck dewatering/beneficial use technologies. The ultimate goal of this Section is to position the State of Florida and IRL region as a global leader in clean-water technologies and high-tech job creation and to export that knowledge and technologies to the nation and world. Section 6. Restoration Summit.That the IRL Leagues and Other Parties to the compact shall ask the IRL Council and IRL NEP to work with its partners to convene and fund an Indian River Lagoon Restoration Summit every two (2) years to share IRL restoration progress, make restoration recommendations and make amendments and/or additions to the IRL NEP Comprehensive Restoration Plan. Section 7. 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 8. 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 9. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. Section 10. Effective Date of Compact. The commitments contained herein shall not be effective until approved through the required procedures of each respective party to the compact. (Signature/Adoption page follows) City of Cape Canaveral Resolution No.2016-09 Page 4 of 5 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 21st day of June, 2016. Bob Hoog, Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, Mike Brown City Clerk Bob Hoog Brendan McMillin 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. 2016-09 Page 5 of 5 City of Cape Canaveral -Ati . 'r` City Council Agenda Form Meeting Date: 06/21/2016 Item No. q Subject: Resolution No.2016-10;authorizing a sixty(60)day extension of time for the property owners (Baugher and Lagges) to deliver to the City the Unity of Title Agreements in executed and recordable form in accordance with Resolution No. 2016-03; providing for repeal of prior inconsistent resolutions, severability, and an effective date. Department: Community Development Summary: On March 22, 2016, the City Council approved Resolution No. 2016-03 that provided for two separate divisions of land related to two adjoining parcels (24-37-15-00- 00752.0&24-37-15-00-00778.0) located along Astronaut Boulevard and the resulting Unity of Title(UOT).A condition was included in the Resolution that requires the executed and recorded Unity of Title Agreements be submitted to the City within 90 days of adoption of the Resolution (June 22,2016)or it shall be deemed null and void. On May 23, 2016, Mr. Nick Rahal, on behalf of the property owners, requested a 60 day extension to the June 22,2016 deadline.The needed approvals from the City(site plan approval) and Florida Department of Transportation (drainage connection permit) have not yet been acquired.On May 26,2016,as requested by the City,Mr.Richard Kern,P.E.,submitted a report providing the status of the Project with respect to needed approvals. Staff recommends that a one-time extension be granted for a period of 60 days to allow the property owners sufficient time to acquire the needed approvals and to execute and record the UOT documents. To that end, Resolution No. 2016-10 has been prepared. Should the UOT documents not be submitted by August 22, 2016, Resolution No. 2016-03 will become null and void. 6%14-qv Submitting Director: David Dickey 1 Date: Attachments: 1 —Site Aerial 2—Resolution No. 2016-03 3 —Richard Kern, P.E. Status Report 4—Resolution No. 2016-10 Financial Impact: Staff time and effort to prepare this Agenda item. Reviewed by Adminative/F�ancial Services Director: (401. &-„ F,/ John DeLeo Date: 4� The City Manager recommends that City Council take the following action: Adopt Resolution No. 2016-10. Approved by City Manager: David L. Greene £`tk' Date: Oy I16 • 1 .,, • , 1.Ili\ '. '164, ,i • 11111,• e ' - ter` zIf {mow IOC H • H •`' ,, `o 4 f �� :ate 00500000, 4... 4000• .. ,'t I�j\ 11,111 ai4 yr,h ■S a r' ;. 34 { i m9 # 4 ill # g] 4r 4 � F` fir," y . ' �.. • _ • ' 16 41" r, x ....,...(... ' 4„,,,,ip. ._ ...,, * + e F _ / ' 1 • 't w . d. - 7'-: - 4 < - : -:- :7:1111": . . . 7::41:111:1:46:-;. ''411...- ... .. Pv"--"IklE*111.151(" 1 -.v ,:'*-tea ATTACHMENT 2 RESOLUTION NO. 2016-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR TWO SEPERATE DIVISIONS OF LAND RELATED TO TWO ADJOINING PARCELS OF LAND LOCATED ALONG ASTRONAUT BOULEVARD AND OWNED BY ROBERT A. BAUGHER, TRUSTEE, AND KYRIACOS J. LAGGES AND MARIANTHI LAGGES, TRUSTEE FOR PURPOSES OF ADJUSTING PROPERTY BOUNDARIES FOR FUTURE DEVELOPMENT PERMIT PURPOSES; PROVIDING FOR UNITY OF TITLE AGREEMENTS TO ESTABLISH NEW LOTS OF RECORD FOR DEVELOPMENT PERMIT PURPOSES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law;and WHEREAS, Robert A.Baugher, Trustee (hereinafter"Baugher") is the owner of certain real property located adjacent to Astronaut Boulevard which has a Parcel Identification Number of 24-37-15-00-00752.0(hereinafter referred to as `Baugher Property");and WHEREAS,Kyriacos J.Lagges and Marianthi Lagges,Trustee(hereinafter"Lagges")is the owner of certain real property located adjacent to Astronaut Boulevard and adjacent to the Baugher Property which has a Parcel Identification Number of 24-37-15-00-00778.0(hereinafter referred to as"Lagges Property");and WHEREAS, Lagges has submitted to the City a site plan application to construct an expansion of the existing commercial parking lot on the Lagges Property to accommodate a restaurant/bar expansion and tenant demands located and operating on the Lagges Property; and WHEREAS,because Lagges'proposes to locate the parking lot expansion on a portion of the Baugher Property, Lagges and Baugher have privately agreed, in furtherance of the Lagges' site plan application and other mutual interests,to adjust the boundaries of the Baugher and Lagges Properties by splitting and conveying to the other a small portion of their property for future development purposes;and WHEREAS, the City Council desires to recognize the aforesaid two lot splits and the adjusted boundaries agreed to by Baugher and Lagges for future development permit purposes including,but not limited to,the City's approval of the site plan application submitted by Lagges; City of Cape Canaveral Resolution No.2016-03 Page 1 of 4 and WHEREAS,the two lot splits and adjusted property boundaries agreed to by Baugher and Lagges are more particularly depicted and legally described herein; and WHEREAS,the City Council of the City of Cape Canaveral fmds that this Resolution is in the best interests of the public health,safety, and welfare of the citizens of Cape Canaveral. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY RESOLVES,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Recognition and Approval of Lot Split; Unity of Title. (a) Subject to the conditions stated below, the City Council hereby recognizes and approves for future development permit purposes, the two divisions of the real property generally located along Astronaut Boulevard,and legally described in`Exhibit A'(hereinafter the"Lagges to Baugher Lot Split") and Exhibit "B" (hereinafter the "Baugher to Lagges Lot Split"). Said Exhibits are attached hereto and fully incorporated herein by this reference. (b) The Lagges to Baugher Lot Split comprising of approximately 0.03 acres, more or less, shall no longer be considered part of the Lagges Property for development purposes upon conveyance of said property to Baugher. (c) The Baugher to Lagges Lot Split comprising of approximately 0.15 acres, more or less, shall no longer be considered part of the Baugher Property for development purposes upon conveyance of said property to Lagges. (d) As a condition of the two lot splits recognized and approved by this Resolution and Lagges pending site plan approval for the expansion of the commercial parking lot, Baugher and Lagges shall each be required to execute and record in the Official Records of Brevard County, Florida,a Unity of Title Agreement,which will provide as follows: (1) Lagges' Unity of Title Agreement shall aggregate the remaining portion of Lagges Property(existing Tax Id. Property 24-37-15-00-00778.0 less the Lagges to Baugher Lot Split) with the Baugher to Lagges Lot Split for purposes of creating a new lot of record for development permit purposes. The new lot of record is legally described and depicted on Exhibit "C," which is attached hereto and fully incorporated herein by this reference. (hereinafter the"New Lagges Lot"). (2) Baugher's Unity of Title Agreement shall aggregate the remaining portion of City of Cape Canaveral Resolution No.2016-03 Page 2 of 4 Baugher's Property (existing Tax Id. Property 24-37-15-00-00752.0 less the Baugher to Lagges Lot Split) with the Lagges to Baugher Lot Split for purposes of creating a new lot of record for development permit purposes. The new lot of record is legally described and depicted on Exhibit "D," which is attached hereto and fully incorporated herein by this reference. (hereinafter the"New Baugher Lot"). The Unity of Title Agreements required by this Section(d) shall be finalized by the City Manager and City Attorney in a form substantially similar to the form attached hereto as Exhibit «E .99 (e) Upon recordation of this Resolution and Unity of Title Agreements in the Official Public Records of Brevard County, Florida, the New Lagges Lot and the New Baugher Lot shall each be deemed a lot of record for development permit purposes within the City of Cape Canaveral pursuant to applicable law. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council,or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution 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 Resolution. Section 5. Instructions to Staff. The City Clerk in consultation with the City Attorney is hereby directed to record this Resolution in the Official Public Records of Brevard County,Florida at such time the fully executed and recordable Unity of Title Agreements have been delivered to the City by Lagges and Baugher. At such time, the Community Development Director is hereby directed to modify city maps and documents to reflect the new lots approved herein upon recordation of this Resolution. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral.However,the Resolution shall not be binding upon the affected properties described hereunder until recorded by the City in accordance with the requirements of this Resolution. If the Unity of Title Agreements are not delivered to the City in executed and recordable form within ninety(90) days of the adoption of this Resolution, this Resolution shall automatically be deemed null and void. Signature Page Follows] City of Cape Canaveral Resolution No.2016-03 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida,this 22nd day of March,2016. A Bob Hoog,Mayor For Against - John Bond mot ton ZIZO $t,,� Mike Brown X <d% - Bob Hoog x QI F ›" � Brendan McMillin Qarpnd ... _• '� Betty Walsh Y C '� (;\ ATTEST-mug,/ - Mia Goforth City Clerk Approved as to legal form and sufficiency for the City ape Canaveral only: ANTHONY A.GARGANESE,City Attorney City of Cape Canaveral Resolution No.2016-03 Page 4 of 4 WESTERLY R/W LINE N37.21'10'W 218.85' N r Zo ,r; 1 a, 1 Nin p120 PARCEL112 _� 1226.75 SO. FT. TAX PARCEL / 0.15± ACRES INct in NO. 767 z la /^h cu TAX PARCEL /� Q /,� NO. 752 4- /�~ z t° .1,mk-, ,...., , /Q'/0., cbo, i-1tn /-P!- R� 0 Y / vh Z � /pQ ,�. / COQ. SKETCH AND ACCOMPANING LEGAL DESCRIPTION IN A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 EAST, BREVARD COUNTY, FLORIDA STATE ROAD A -1—A (A.K.A. ASTRONAUT BLVD.) 100' R/W S37.21'10'E 44.15' p.0c- INTERSECTION or THE SOUTH LITE OF SECTION 15, / -24-5, R -37-E VEST R/V LINE ST IL kUAD A -1-A N37'21'10'W 1500.00' POINT OF BEGINNING / / / / 40 eo 0 40 SCALE ftLi / AKA ATS0 OMlmN AS ,ait) Ca;cuLA(En re CN;0C REARM G 0 5 co . 0LTE BLOCK STRUC'URE y0 CHORD D41ANCl c Cr CRAIN IA.,' rENCT COW - COKAETE (D) - DUD DB - 5(15 WON 'try - EILtAfeON - rINE.N r.CCN - LICENSED (M) - MrAUURED�SINLSS f1G'V.D - NATxN4.. GEODLI,C vAR1CA/ DA5N ORB - erne*. RLcon2:: BOOR O{M - OITRNrAD WIRE CW - CA.P13 '6ON ROI 115 Alms Illvd.,Sutte 102 Melling Address, P.n.Box 511866 Merritt Island PL, 32951 Phone: (321)514,6920 LICP.NSE13 Pt! MESS 07978 LEGAL DESCRIPTION: Parcel No. 2(os prepared) Commence cl the intersection of the West right of way lint of Stale Road A -1-A, a.k.a. Astronaut Boulevard, and the South boundary line of Section 15. Township 24 South. Range 37 East, Brevord County. Florido, thence run N37'21'20 -W along the West right of way line of Stole Rood A -1-A a distance of 1500.00 feet to the Point of Beginning; thence run rJ 89'27'20"W, parallel to the South of said Section 15, a distance of 70.98 feet; thence run N52'16'15"E, o distance of 55.57' to the aforesaid West right of way line o' Stole Rood A -I -A: thence run S37'21'10"E, along said West right of woy line o distance of 44.15' to the Point of Beginning. Said parcel contains 1226.75 square feet, being 0.03 acres more of less. 5A1PA sruB9L5 A - 40RE OR 1151 • - POWER POLE - Gar w.RE LLNGhl R - RADIUS " DEL -A - Ca4RED AREA -- - CENTER UNE rEN.0 TOMO �d a DISK t K RfBAR (NO 10 ) ▪ - -CURD rDNCREIE 101UYEN5 o sL- S/8' IRON 51-B4R 1517978 (P; - FIAT `zVRVEYOR'S REPORT 1 This sketch i9 for informotionol purpOSes only ono is not to be used os a field survey. 2.1hc bearings shown ore based on the deed of record and may not be o true North Azimut,. 3 Unless otherwise noted only plotted easements are shown hereon. £0-910Z 'ort uouniosa)J .881100e3 I hereby Certify that thin survey meets the Ste'do'd Of NNOCEee 011 +et forth by the fio•ide Deportment et AgncLolore one COM w ServicesIn Chapter 5J-15051 r1. Admhielret Code, Rurwont re 4'2.021. rt r ,o Si'At 1. K A R� Sur ors, i "foes, 12J51 floe DRAWN BY: Writ. CNECIcrO RT: J.R.0 5CAtr 1' - 40' SURVEY DATE, 11/30/13 PROJECT 41 2115-119 PARCEL _2 REVISED: SECTION 15 tOM(Slfp 24 RANGE 37 WESTERLY R/W LINE N37'21'10'V 218.85' TAX PARCEL ND. 767 /Z N37'2110' \s/ /1h 74.03' SKETCH AND ACCOMPANING LEGAI. DESCRIPTION IN A PORTION OF SECTION 15, TOWNSHP 24 SOUTH, RANCE 37 EAST, BREVARD COUNTY, FLORIDA STATE ROAD A— 1 —A (A.K.A. ASTRONAUT BLVD.) 100' R/W 1 4x13' /"--, q7" v -i 0 ir I /.Z /�0 POINT OF BEGINNING / bh TAX PARCEL OD NO. 752 tT D / n CU Ln Z�. /c /&'Z' nC- 14TEOSr.TION OF THE SOUTH LINE Or ;ECIION 18. T -24-S, R -37-E VEST R/'4 LINE ST le E ROAD A-12 N3 7.21' 10• W 11500.00' PARCELNI 6490.73S0. FT. 0.15i ACRES 40 20 0 SCAM E N37'22'09`W 36.13' S52'37'51'W / 33.98' 40 FEET / / / / jrrr'Q AKA - 450 ANOKK AS (CNC • CALci�RrAATID y CIRVCNR! CIN Et�Akt Lh r. C0N Lrhf RNLI CONC. - V ALIUM( (0) - DUD 04 - DEM 8004 LILY - LUNATION 11 - NON 11008 u C[N510 BJTNL:s N07o - 4400,44 410Gt1C W7RT:A, Mie. CRR - OrTICIAL RECORDS WOO, Mre - ar(w t7D w,Rt (11 - C P'r0 007 .00 1 1 S Alma Iliad ,Suite 102 Mailirh8 Address: P.O.Bos 541866 Mcnitt Island, FL. 32954 Mum. 13211514.6920 LICENSED BUSINESS 17978 / LEGAL DESCRIPTION: Parcel No. 1(os prepared) A portion of 11101 particular purcel of and as described in Official Rocorns Book 3359, at Page 41134 of the Public Records of Brevard County. Florida and more port culcrly described as follows: Commence of the intersection of the West right of way line of State Road A -'-A, a.k.a. Astronaut Boulevarn, one the South bounda•y line of Section 15. fownsh:p 24 South, Range 37 Eost, Urevord County, Florida, thence run N37'21'20-IY along the West right of woy line of Stole Rocd A -1-A a distance of 1.500.00 feet; thence run N 89'27'20-W, porollel to the South of said Section 15, o distance of 70.96 feel to the Point of Beginnng; thence run N52'16'15"W, a distance of 105.44'; thence tun N37'22'09 -W, a distance of 36.13; thence run 552'37'51"W, o distonce of 33.98';thence run N37.21'10"1Y, o distance of 74.03; thence run 589'27'20-E, o distance of 177.65' to the P. ofBeginning. Said parcel contcins 6490.73 square feet, being 0.15 acres more or less. SURVEY S..NOOL5 I - .0K l7 1131 4 - POrnA P0.E Cal -ARC U'181.4 uS A 4.XITA COKero APIA ---- MCC ® r0 --/ ISDN REWN IR (50 .) T 101110 NEA a 141 • - 1000 CONCRt't R114WtAT O 511 S/8• WON RE84R 18/7978 (P) . PLAT SURVEYOR'S REPORT. 1. This sketch is for Informational purports oniy and not to bei used os o field survey. 2.The bear'ngs shown are based on the deed of record end may r,ot be c true Nor In Azimuth. 3. Unless otnerwise noted only plotted easements are shown hereon. 1 Araby ,:.lily tool Ice. WRy ,bat. 11. 90^3540 0t Pract..e Ra s11 loon by IA. r14, Ogcrun.nt .1 A9'n.I1..e and Cipsvi br S.r:c.. coapt. 5J-15.051 ripp 4o Adn,hietror"�y1rr��04e, a nuent la y )<(7 477.027. r1U4u et. -Ole( Proles Stet.. CAtRreaL u -V Su+.W. & mem ..r 92 r normo ORAMe Bv e r 0. CNECKLO BT. J R.C. SCA,1: 1- - 10' SJRYE0 001E:11/30/15 PROKCT / 7017-119 PARCH 1 Rry1sE0: SICIION 15 TOw4SO0 2,1 RANGE 37 9 4 NS2'3E'50-E SKETCH AND ACCOMPANING LEGAL DESCRIPTION IN A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH, RANGE 37 LAST, BREVARD COUNTY, FLORIDA STATE ROAD A- 1 -A (A.K.A. ASTRONAUT BLVD.) 100' R/W VESTERLY R/W LIFE S37 21'10'E 218.85' 44.15' / P❑INT OF BEGINNING 0/4 us to A• \ TAX PARCEL 4b/ ch NO. 767 PARCELb4 41,832 34 SO. FT. 0.96± ACRES N37.21'l0'V .2 6 p2�^20 • SURVEY SYU QLS /' a . ,GRE OR ass . Perm 141[ 010 wi4E E - RRC LP 0' R - RAMS - DEE74aTA IRT. COVERED AREA ---. CEMER L4E 0(301 . TA5rmE/Ng1 • . • r0ut1D NUL & (404 RE1LlR (NO 0.) ▪ . r0u0D (0000(10 VO:WENI fJ - s(1 5/8" IRON 8(848 2.9/7.979 (0) • OAT / 7,t) • N r0 trs N /4y `Q b 42' ,ni / 01, N39'V 36.130 284 22' W V)� .p U2 fU N 40 23 0 SCALE S52'37'51'.' 33.98' / / / 40 ELL( / / / POC: INTERSECTION Cr THE SOUTH LINE 00 SECTION 15, T -p4 5, 12-37-E VEST 8/41 11`E STAIL MAO N37'21'10 V 1544,15' TAX PARCEL NO. 752 L`SIENQ; ARA (CMC1 co c eco c11 CIVIC (n/ Oe [l 00 rr` (Y) 094 aOlea 00 117 Alma NIrd,Suilc 1112 Mailing Addrr..a. I'0. Rei 5411166 Noah! Nand, I'2.. 32974 Phone:13211 514.6920 LICENSE!) Rl1SINPs9 4797E / / A150 MOAN AS CSCutATtn C STA 0(004. CIw50443FLIC8 cet.CRE0 0(00 OECD Eco [11!5'3/034 01101 04000 wa(D eusnESS wallow 0[09(143 v3Rt843 Dow 01r104.4 .[CORDS SOON 08[8414,44D waK CAI41:D war 41)0 LEGAL DESCRIPTION: Pored No. 4(as prepored) A portion of that particular parcel of land os described in Official Recoras Rook 3359, of Poge 4184 and Officio! Records Book 5456. at Page 7625 of the Public Records of Brevard County. Florid° and more port'culcrly described as lotlows: Commence 01 the intersection of the West right of way line of Solo Rood A -1-A, a.k.a. Astronaut Boulevard. one the South boundary line of Section 15. Township 24 South. Porge 37 East. Brevard County, Florian, thence run N37'21'20"W along the West right of way line of State Rood A -1-A a distance of 1544.15 feet to the Point of Beginning, thence run 5 52'16'15'W, a distance of 161.51 feet; tnence run N37.22'091N, o distance of 36.13 feet; thence run 552'37'51'W. a distance of 33.98 feet, thence run N3/71'10'W, a distance of 184.22 fret, thence run N52'37'S1'O, a distance of 33.98 (cat; (hence run 537'22.09'E, o distance of 36.13 feet; thence run N52'38'50'E, o distance of 196.73 feet to the nforesnld West right of way line of State Rooc A•1 -A; thence run 037.21'10'1_, otong said West right of way 1ne, o distance of 218.85 feet to the Point of Beg;nning. Said parcei contans 41.832.34 squoro feet, bung 0.96 acres more or less. SURVEYOR'S REPORT: 1. This sketch is for informational purposes only and is not to oe used os o field survey. 2.The bearings shown me based on the deed of record ono moy not be o true Nortn Azimuth. 3. Unless otherw.se noted only plotter casements ore shown hereon. 1 he•eby Car Lly 1301 tel, vurvey ,041413 Iho Sloldord 0f orot1ine 04 3M lorlb by Ina Fla, .. Deportment of Agrk,Atore end C �A r Services In Chapter 5)-10.03' FI•'00 Aon6ristrot.ode E,1054anl to 72.027. FI+ Stu 114. VA/ 300000. ADM (0444 Mal DRAW RT. w4.0. OIECRED 8Y: JR.C. Sear: 1' • 40' SORS£r DATE: 00/30/03 ra02E07 F 3015-119 PARCEL _4 c ^ • U. ,146411 Swwpr k ',over /2351 el rV ap SrrioN IS 0045043' 24 004CL 37 EO -910Z '0N uoixniosaj IN 00 Ig re) in •a� a 6 ld i z� J tri OCA ZC / SKETCH AND ACCOMPANING LEGAL DESCRIPTION IN A PORTION OF SECTION 1 TOWNSHIP 24 50. TH, RANGE 37 EAST, E1REVARD COUNTY. FLORIDA STATE ROAD A -1-A (A.K.A. ASIRONAUT BLVD.) 100' R/W qq WESTERLY R/W LINE N37.21'10't' 219.85' - 44.15' / • / v)Lfl ^O?I p TAX PARCEL /al NO. 767 537'21'10'E 74.03' N37'21'10'14 15000' SURVEY 5 10015 J . NOR( OR LESS . POWER POLE CA' VAC A . A00oRIS A . 14L1A ®• COLCAL6 ARU - -- . CENTER LINT x(004 / , / / F., S37'22' )9'E 36.13' N52'37'51 'E' 33,98' TAX PARCEL NO. 767 . 00::00 9/8' IRON RFR4R A . IDUHD HA. 8 O'SK (NO 10. ) . FOUND CONCRCIL 0.0(0JV(N1 O . 3(7 5/8" 8RON Ri&+R LO/7978 (P) • PLAT 537.21'10'E 194.15' P❑INT OF BEGINNING TAX PARCEL NO. 752 PARCELI(3 30,106.65 SQ. F T. 0.693 ACRES / 40 PO 0 SCALE / / / / 4C ELLE / PDC - INTERSECTION OF THE SOUIP LINT: 01 SECTION (5, 1-24-0, R -37-E VEST RrV LAE STTETE R1-4 `N37'21'10'W 1350.00' / / TAX PARCEL / ..) NO. 769,1 / / LLGftfO. .T4.rs4t As c SIaIIL0VRI CL r. L sett rn11c - 4L 01487(7 (nj . 0(12 01 LEE PT M NO 00. OP 115 Alma UIod,Sui1e 1112 Stalling Adams. P.0 Buz 541066 Meniu lalaml, FL. 32954 Phona: (3211514.6920 LICCNSI[b BUSINESS (07978 ace ewe (01010( l • ars. r.00. LKWstpp 1011L45S MEASURED 511710000 0(00(12 9751001 11(1JN ° M" 0GA475 WK. 01(00000 .70) C0Pr011 700•1 ROD / LEGAL DESCRIPTION; Parcel No. 3(us prepared) A portion of that particular parcel of lond as described in Official Records Hook 3359. al Page 4184 ono Official Records Book 5456. of Page 7625 of the Public Records of Brevard County. Florida and more particularly described as follows: Commence at the intersection of the West right of way line of State Rood 4-1-A, a.k.a. Astronaut Boutevord, on8 the South boundory line of Section 15,-ownship 24 South, Range 37 East, Brevard County, Florida, thence run N37.21'10 -W along the West right of way line of State Rood A -1-A o distance of 1350.00 feel to the Point of Beginning; therce run N 89'27'20'W, parallel to the South of said Section 15, o dstonce of 300.00 feel; thence run N37'21'10'W, o distance of 150.00 fret; thence run 589.27'20'E, a distance of 50.00 'eet, thence run 537'21'20'C, o distance of 74.03 feet, thence run N5237'51'E, a distance of 33.98 feet; thence run S37'27'09'1', a distance of 36.13 feet; thence rur. N52'16'15'E, o distance of 105.94 feet to the oleresaid West right of way Ilne of Stole Rona A -1-A; thence run 537'21'10'E, along .said Wesl rignt of way line, o distance of 194.15 feet to the Point 61 Beginning. Soid pnrcel conla'rs 30,'06.65 squnre feet, being 0.69 acres more ill less, _ -538113,4 Cul{ Yl1R'$. EFPORj;" 1.'Thls sketch io for informolionol purposes 0015 Ord not to be used as o field survey. 2.The bearings shown so 00000 on the deed of record one may not be a true Nurin Arimutn. .3. Unless otherwise noted only plotted easements urn shown hereon. 1 he(*Dy as ury 1007 81i1 .Larrey meets 100 517000(0 01 Practise 00 set lorl0 ey (0. 1100 do 0.Otnlrn.nl 91 Aer1eullul. one C me. 5fMee. C-Moter SJ -15051 ACnin121r0 Co.:.. Punu0nl 10 0 472 027, S YIOa - Lel♦ - - Surwyn & Lhoper (23 al /imee DRAWN VE wra CHECKED 8T: JR. C. SCALE: 1.. 40' 5)50001 00071: 11/30/15 ono,pc1 8 2015-110 PARCE- _3 RCNSED. 0C47138 15 10.r4E0E9 24 80000E 37 y R 5 S £0-910Z 'ofsl uoUniosa� Resolution No.2016-03 EXHIBIT"E"to Resolution No.2016- Prepared by and return to: Anthony A.Oarganese City Attorney of Cape Canaveral PO Box 2873 Orlando,Florida 32802 (407)425-9566 Tax Parcel Id: UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of ,2016,by and between ("Owner"),a whose address is , Cape Canaveral,Florida, 32920; and the CITY OF CAPE CANAVERAL,a Florida municipal corporation,whose address is 105 Polk Avenue, Cape Canaveral,Florida 32920(hereinafter"the City"). WITNESSETH: WHEREAS, Owner owns a parcel of land located within the jurisdictional limits of the City of Cape Canaveral which is identified as tax parcel identification number 24-37-15-00- 00 .0("Existing Paroe1") and WHEREAS,Owner conveyed a small portion of the Existing Parcel( acres more or less) to an adjacent property owner, which is legally described in Exhibit "A" ("Conveyed may");and WHEREAS,Owner acquired a small portion of property( acres more or less)from the same adjacent property owner, which is legally described in Exhibit "B" ("Acquired Property");and WHEREAS,Owner desires to adjust the boundaries of the Existing Parcel to account for the Conveyed and Acquired Property in order to have the City recognize and approve a new lot of record for future development permit purposes;and WHEREAS,the new lot of record is legally described in Exhibit"C" ("New Parcel"); and UNITY OF TITLE AGREEMENT City of Cape Canaveral/ Page 1 ot4 1 Resolution No.2016-03 Exhibit"E" WHEREAS,Owner and City have agreed to record this Agreement to recognize that the Owner will have unity of ownership and tide in the New Parcel;and WHEREAS,Owner and the City desire to have the New Parcel recognized by the City as one(1)lot for development purposes under the C ty's land development regulations;and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties,the parties agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. The Property. Owner represents and warrants that it possesses fee simple title to the New Lot which is legally described on Exhibit"C." 3. Representations of Owner. Owner hereby reprep and agrees as follows: A. Owner agrees,as a condition of future development permit applications submitted to the City, that the New Lot described in paragraph 2 of this Agreement, upon recording of this Agreement shall be unified in ownership and title for development purposes. B. Owner further agrees to not sell, convey, or assign any interest in the New Lot, which would cause the loss of unity of ownership or tide, without first obtaining the written consent of the City of Cape Canaveral.Nothing herein is intended to prohibit or restrict the Owner from selling,conveying or assigning the New Lot as a unified parcel of land or encumbering the New Lot with easements or other interests in land that do not cause loss of unity or ownership of title. C. Owner agrees and consents that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County,Florida,and that all costs of recording shall be paid by the Owner. D. Owner agrees that the provisions of this Agreement shall be binding upon the heirs,personal representative,successors and assigns of Owner. This Agreement shall nm with the land. [Signature pages follow] UNITY OF TITLE AGREEMENT City of Cape Camveral/ Page 2 ed4 Resolution No.2016-03 Exhibit"E" IN WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. OWNER: Print Name/Title: STATE OF FLORIDA COUNTY OF BREVARD I HEREBY CERTIFY that on this day,before me,an officer duly authorized in the State and County aforesaid to take aclmowledgments,personally appeared 0 to me known personally to be the persons described in the foregoing instrument,or 0 who have produced as identification. WITNESS my hand and official seal in the State and County last aforesaid this day of ,2016. Notary Public My Commission Expires: UNITY OF TITLE AGREEMENT City of Cape Cmve 1/ Page 3 c14 Resolution No.2016-03 Exhibit"E" THE CITY: CTI'Y OF CAPE CANAVERAL, a Florida municipal corporation. ATTEST: Robert Hood Mayor Angela Apperso4 MMC City Clerk Approved as to legal form and sufficiency for the City only: Anthony A.Gargano.,City Attorney UNITY OF TITLE AGREEMENT City of Cape Canaveral/ Page 4 of 4 ATTACHEMENT 3 R.K. ENGINEERING AND ASSOCIATES OF BREVARD, INC. 5963 Stillwater Ave., Cocoa,Fl. 32927 321-253-9595 Email: rick@rkcivildesign.com May 26, 2016 Mr. David Dickey Community Development Director City of Cape Canaveral 110 Polk Ave Cape Canaveral,Fl 32920 RE: SITE PLAN SUBMITTAL FOR KELSEY'S PARKING EXPANSION STATUS REPORT Dear Mr. Dickey: It is my understanding that the city would like a status report on the site plan permitting for the above project. The full site plan has been submitted for city review May 24,2016. We have sent in preliminary site plans prior to this in order to get some feedback from city staff. We have received request for additional information today from Michael German and John Pekar. We plan to address this request and resubmit next week. Concurrently with this we have submitted the drainage connection permit to FDOT for review and I have personally met with the FDOT drainage reviewer. These are the only permits required to obtain site plan approval. I will keep you informed on our progress as we work through the various issues. We have a tentative hearing date of June 22,2016 with the Planning and Zoning commission. Sincerely, /624-t- kt'?-1- Richard J. Ke PE 39737 R.K. ENGINEERING AND ASSOC. OF BREVARD, INC. ATTACHMENT 4 RESOLUTION NO. 2016-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING A SIXTY (60) DAY EXTENSION OF TIME FOR THE PROPERTY OWNERS (BAUGHER AND LAGGES) TO DELIVER TO THE CITY THE UNITY OF TITLE AGREEMENTS IN EXECUTED AND RECORDABLE FORM IN ACCORDANCE WITH RESOLUTION NO. 2016-03; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS,pursuant to Resolution No.2016-03,the City Council authorized a lot split of real property subject to several terms and conditions; and WHEREAS, one of the conditions requires that the affected real property owners (Baugher and Lagges) deliver to the City executed Unity of Title Agreements in recordable form within 90 days of the effective date of Resolution No. 2016-03; and WHEREAS, the property owners have requested additional time to deliver the Unity of Title Agreements; and WHEREAS, the City Council desires to grant the request for additional time in accordance with the terms and conditions of this Resolution; and WHEREAS,the City Council of the City of Cape Canaveral finds that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY RESOLVES, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby fully incorporated by this reference. Section 2. Extension of Time to Deliver the Unity of Title Agreements. (a) The City Council hereby grants a sixty(60) day extension of time for Baugher and Lagges to deliver the Unity of Title Agreements required by Resolution No. 2016-03. If the Unity of Title Agreements are not delivered to the City in executed and recordable form by the end of the extension period, Resolution No. 2016-03 shall automatically be deemed null and void. City of Cape Canaveral Resolution No.2016-10 Page 1 of 2 (b) All other terms and conditions set forth in Resolution No. 2016-03 not modified by this Resolution shall remain in full force and effect. Section 3. Repeal of Prior Inconsistent Resolutions. All prior inconsistent resolutions adopted by the City Council, or parts of prior resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution 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 Resolution. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of June, 2016. Bob Hoog,Mayor For Against John Bond Mike Brown Bob Hoog Brendan McMillin Betty Walsh ATTEST (City Seal): Mia Goforth City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Resolution No. 2016-10 Page 2 of 2 .4 --', . City of Cape Canaveral kii_l_c__4., . City Council Agenda Form City Council Meeting Date: 06/21/2016 Item No. 5 Subject: Approve Work Squad Contract W1082 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of $57,497 and authorize the City Manager to execute the same. Department: Public Works Services Summary: Annual Work Squad Labor Contract Renewal: • City of Cape Canaveral (Agency) and the Florida Department of Corrections (Department) Work Squad Contract W1082. • Use of inmate labor in work programs, under the supervision of the Department's staff. • Contract renewal term begins October 1, 2016 and runs through September 30, 2017. • Contract may be renewed for one (1) additional one (1) year period after the initial Contract period upon the same terms and conditions. • Department to provide up to eight (8) inmates and one (1) Correctional Officer ten (10) hours per day, four (4) days per week (10 hours per day includes travel time from East Orlando). • Department may not provide Work Squad under certain circumstances such as absence of Correctional Officer due to training, illness, approved leave, poor weather conditions, etc. • Physical custody, transport to worksites and inmate security will be the responsibility of the Department. • Schedule of work and all associated requirements will be the responsibility of the Agency. • Agency annual cost of the contract is $57,497 (includes officer salary, position related expenses and administrative costs). The prior year's cost was in the same amount. Submitting Department Director: Jeff Ratliff ,,,(a.,-Z- Date: 6/6//‘ Attachment: Work Squad Contract W1082 Financial Impact: $57,497 for Work Squad Contract W1082 between the Florida Department of Corrections and the City of Cape Canaveral funded by Citywide operational funds. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial I k, f Services Director: John DeLeo / Date: The City Manager recommends that City Council t e the following actions: Approve Work Squad Contract W1082 between the Florida Department of Corrections and the City of Cape Canaveral in the amount of$57,497 and authorize the City Manager to execute the same. Approved by City Manager: David L. Greene O' - ' Date: 6/6/,i CONTRACT#W1082 CONTRACT BETWEEN THE FLORIDA DEPARTMENT OF CORRECTIONS AND CITY OF CAPE CANAVERAL This Contract is between the Florida Department of Corrections ("Department") and the City of Cape Canaveral ("Agency"),which are the parties hereto. WITNESSETH WHEREAS, Section 944.10(7)and Section 946.40, Florida Statutes and Rules 33-601.201 and 33-601.202, Florida Administrative Code,provide for the use of inmate labor in work programs; WHEREAS, inmate labor will be used for the purposes of providing services and performing work under the supervision of the Department's staff; WHEREAS, City of Cape Canaveral is a qualified and willing participant with the Department to contract for an inmate work squad(s);and WHEREAS, the parties hereto find it to be in their best interests to enter into this Contract,and in recognition of the mutual benefits and considerations set forth,the parties hereto covenant and agree as follows: I. CONTRACT TERM/RENEWAL A. Contract Term This Contract shall begin on October 1, 2016, or the last date of signature by all parties,whichever is later. This Contract shall end at midnight one (1) year from the last date of signature by all parties or September 30, 2017, whichever is later. In the event this Contract is signed by the parties on different dates,the latter date shall control. B. Contract Renewal This Contract may be renewed for one (1) additional one (1) year period after the initial Contract period upon the same terms and conditions contained herein. The Contract renewal is at the Agency's initiative with the concurrence of the Department. The decision to exercise the option to renew should be made no later than sixty(60)days prior to the Contract expiration. Page 1 of 13 Master Document Revised 0812015 CONTRACT#W1082 II. SCOPE OF CONTRACT A. Administrative Functions 1. Each party shall cooperate with the other in any litigation or claims against the other party as a result of unlawful acts committed by an inmate(s) performing services under this Contract between the parties. 2. Each party will retain responsibility for its personnel, and its fiscal and general administrative services to support this Contract. 3. Through their designated representatives, the parties shall collaborate on the development of policies and operational procedures for the effective management and operation of this Contract. B. Description of Services 1. Responsibilities of the Department a. Pursuant to Chapter 33-601.202(2)(a), Florida Administrative Code, supervision of the work squad(s) will be provided by the Department. The Department shall provide one(1)Correctional Work Squad Officer position(s)to supervise an inmate work squad(s). This Contract provides for one(1) work squad(s)of up to eight(8) inmates. b. The Department shall ensure the availability of the work squad(s) except: when weather conditions are such that to check the squad(s) out would breach good security practices; when the absence of the Correctional Work Squad Officer is necessary for reasons of required participation in training or approved use of leave; when the Officer's presence is required at the institution to assist with an emergency situation; when the officer is ill; or when the Correctional Work Squad Officer position is vacant. In the event a position becomes vacant, the Department shall make every effort to fill the position(s)within five(5)working days. c. For security and other reasons, the Department shall keep physical custody of the vehicle furnished by the Agency. Unless otherwise specified, the Agency shall maintain physical custody of all Agency trailers and all tools, equipment, supplies, materials, and personal work items (gloves, boots, hard hats, etc.) furnished to the Department by the Agency. The Agency is responsible for the maintenance of all furnished equipment. d. In the event of damage to property as a result of an accident charged to a Department employee or blatant acts of vandalism by inmates, or loss of tools and equipment, the Agency may request that the Department replace or repair to previous condition the damaged or lost property. e. The Department shall be reimbursed by the Agency for the Department's costs associated with this Contract in accordance with Addendum A. Page 2 of 13 Master Document Revised 0812015 CONTRACT#W1082 Once the Agency reimburses the Department for the costs reflected on Addendum A, Section IL, these items will be placed on the Department's property records, as appropriate, and upon the end or termination of this Contract such items will be transferred to the Agency. f. The Department shall, to the maximum extent possible, maintain stability in the inmate work force assigned to the work squad on a day-to-day basis in order to maximize the effectiveness of the work squad. g. The Department shall provide food and drinks for inmates' lunches. h. The Department shall be responsible for the apprehension of an escapee and handling of problem inmates. The Department shall provide transportation from the work site to the correctional facility for inmates who refuse to work,become unable to work,or cause a disruption in the work schedule. i. The Department shall be responsible for administering all disciplinary action taken against an inmate for infractions committed while performing work under this Contract. j. The Department shall provide for medical treatment of ill or injured inmates and transportation of such inmates. k. The Department shall provide inmates with all personal items of clothing appropriate for the season of the year. 1. The Department shall be responsible for driving the Correctional Work Squad Officer and the inmates to and from the work site. m. Both parties agree that the Department is making no representations as to the level of skills of the work squad. 2. Responsibilities of the Agency a. The Agency shall periodically provide the Department's Contract Manager with a schedule of work to be accomplished under the terms of this Contract. Deviation from the established schedule shall be reported to, and coordinated with, the Department. b. If required, the Agency shall obtain licenses or permits for the work to be performed. The Agency shall provide supervision and guidance for projects that require a permit or which require technical assistance to complete the project. c. The Agency shall ensure that all projects utilizing inmates are authorized projects of the municipality, city, county, governmental Agency, or non-profit organization and that private contractors employed by the Agency do not use inmates as any part of their labor force. Page 3 of 13 Master Document Revised 08/2015 CONTRACT#W1082 d. The Agency shall retain ownership of any vehicles or equipment provided by the Agency for the work squad. The Agency shall maintain its own inventory of transportation,tools,and equipment belonging to the Agency. e. The Agency shall provide vehicles for transportation of the work squads and is responsible for the maintenance of said vehicle. 3. Communications Equipment It is the intent of this Contract that the work squad maintains communication with the institution at all times. A method of communication (radios, cellular phone, etc.), shall be provided at no cost to the Department. The Agency shall provide a primary method of communication that shall be approved by the Contract Manager in writing prior to assignment of the work squad. Depending upon the method of communication provided, the Contract Manager may require a secondary or back-up method of communication. All radio communication equipment owned or purchased by the Agency that is programmed to the Department's radio frequency and used by the work squad(s), whether purchased by the Department or the Agency, shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Under no circumstances shall the Agency accept the return of radio communications equipment provided to the Department under this Contract until such time as the radio communications equipment has been deprogrammed by the Department. At the end or termination of this Contract, the Department's Contract Manager will contact the Department's Utility Systems/Communications Engineer in the Bureau of Security Operations, Central Office, to effect the deprogramming of radio communications equipment provided by the Agency. a. Vehicle Mounted Radios: Vehicles provided by the Agency, that are or that will be equipped with a mobile/vehicle mounted radio programmed to the Department's radio frequency(ies), will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for vehicle and/or communications equipment maintenance and/or repair. The use of these vehicle(s) during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. b. Hand Held Radios: Hand held radios provided by the Agency,that are or that will be programmed to the Department's radio frequency(ies), will be retained by the Department to ensure security of the communication equipment except for short durations dictated by the need for maintenance and/or repair. The use of any hand held radio(s)provided by the Agency that is programmed to a Department radio frequency utilized by the Agency during the period covered by this Contract shall not be for any purpose other than as indicated in this Contract. Page 4 of 13 Master Document Revised 0812015 CONTRACT#W1082 c. Cellular Phones: Cellular phones may be utilized by the Work Squad Officer as either a primary or secondary means of communication as approved by the Contract Manager. The Contract Manager shall designate whether the usage of a cellular phone is required on Addendum A. The cellular phone will be retained by the Department and upon the end or termination of this Contract, returned to the Agency. The use of the cellular phone is not authorized for any purposes other than as indicated in this Contract. 4. Other Equipment The Contract Manager shall determine if an enclosed trailer is required for the work squad to transport tools and equipment utilized in the performance of this Contract, and shall notify the Agency if a trailer is necessary. The Contract Manager shall designate whether the usage of an enclosed trailer is required on Addendum A. If a trailer is required, it will be provided by the Agency at no cost to the Department. If the Department is to maintain control of the trailer when the squad is not working, the Agency shall provide an enclosed trailer that can be secured when not in use. All tools and equipment utilized by the work squad shall be secured in the trailer. The Department shall maintain an inventory of all property, expendable and non-expendable, which is in the custody and control of the Department. Upon the end or termination of this Contract, the trailer and any non-expendable items will be returned to the Agency. III. COMPENSATION A. Payment to the Department 1. Total Operating Capital To Be Advanced By the Agency, as delineated in Section IV., of Addendum A, shall be due and payable upon execution of the Contract. The Department will not proceed with the purchase until payment, in full, has been received and processed by the Department's Bureau of Finance and Accounting. Delays in receipt of these funds may result in start-up postponement or interruption of the services provided by the work squad. 2. Total Costs To Be Billed To the Agency By Contract, as delineated in Section VI., of Addendum A, will be made quarterly, in advance,with the first payment equaling one-fourth of the total amount, due within two(2) weeks after the effective date of the Contract. The second quarterly payment is due no later than the 20th day of the last month of the first Contract quarter. Payment for subsequent consecutive quarters shall be received no later than the 20th clay of the last month of the preceding Contract quarter. 3. In the event the Correctional Work Squad Officer position becomes vacant and remains vacant for a period of more than five (5) working clays, the next or subsequent billing will be adjusted by the Department for services not provided. 4. The Agency shall insure any vehicles owned by the Agency used under this Contract. Page 5 of 13 Master Document Revised 0812015 CONTRACT#W1082 5. The rate of compensation shall remain in effect through the term of the Contract or subsequent to legislative change. In the event there is an increase/decrease in costs identified in Addendum A, this Contract shall be amended to adjust to such new rates. B. Official Payee The name and address of the Department's official payee to whom payment shall be made is as follows: Department of Corrections Bureau of Finance and Accounting Attn: Professional Accountant Supervisor Centerville Station Call Box 13600 Tallahassee,Florida 32317-3600 C. Submission of Invoice(s) The name, address, and phone number of the Agency's official representative to whom invoices shall be submitted to is as follows: David L. Greene,City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Telephone: (321)868-1230 Fax: (321)868-1248 Email:itgreene(cicitvofcapecanaveral.org IV. CONTRACT MANAGEMENT The Department will be responsible for the project management of this Contract. The Department has assigned the following named individuals, address,and phone number as indicated,as Contract Manager and Contract Administrator for the Project. A. Department's Contract Manager The Warden of the Correctional Institution represented in this Contract is designated Contract Manager for the Department and is responsible for enforcing performance of the Contract terms and conditions and shall serve as a liaison with the Agency. The position,address, and telephone number of the Department's Contract Manager for this Contract is: Warden Central Florida Reception Center 7000 H.C. Kelley Road Orlando,Florida 32831 Telephone: (407)207-7777 Page 6 of 13 Master Document Revised 08/2015 CONTRACT#W1082 B. Department's Contract Administrator The Contract Administrator is responsible for maintaining a Contract file on this Contract service and will serve as a liaison with the Contract Manager for the Department. The address and telephone number of the Department's Contract Administrator for this Contract is: Operations Manager,Contract Administration Bureau of Contract Management and Monitoring 501 South Calhoun Street Tallahassee,Florida 32399-2500 Telephone:(850)717-3681 Fax:(850)488-7189 C. Agency's Representative The name,address, and telephone number of the representative of the Agency is: David L. Greene,City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral,Florida 32920 Telephone:(321)868-1230 Fax: (321)868-1248 Email:d.green(a,cityofcapecanaveral.org D. Changes to Designees In the event that different representatives are designated by either party after execution of this Contract,notice of the name and address of the new representatives will be rendered in writing to the other party and said notification attached to originals of this Contract. V. CONTRACT MODIFICATIONS Modifications to provisions of this Contract shall only be valid when they have been rendered in writing and duly signed by both parties. The parties agree to renegotiate this Contract if stated revisions of any applicable laws,regulations,or increases/decreases in allocations make changes to this Contract necessary. VI. TERMINATION/CANCELLATION Termination at Will This Contract may be terminated by either party upon no less than thirty (30)calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties. Said notice shall be delivered by certified mail (return receipt requested), by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. In the event of termination, the Department will be paid for all costs incurred and hours worked up to the time of termination. The Department shall reimburse the Agency any advance payments,prorated as of last day worked. Page 7 of 1.3 Master Document Revised 08/2015 CONTRACT#WI082 VII. CONDITIONS A. Records The Agency agrees to allow the Department and the public access to any documents,papers, letters, or other materials subject to the provisions of Chapter 119 and Section 945.10, Florida Statutes, made or received by the Agency in conjunction with this Agreement. The Agency's refusal to comply with this provision shall constitute sufficient cause for termination of this Agreement. B. Annual Appropriation The Department's performance under this Contract is contingent upon an annual appropriation by the legislature. It is also contingent upon receipt of payments as outlined in Addendum A and in Section III.,COMPENSATION. C. Disputes Any dispute concerning performance of the Contract shall be resolved informally by the Contract Manager. Any dispute that cannot be resolved informally shall be reduced to writing and delivered to the Director of Institutional Operations. The Director of Institutional Operations shall decide the dispute, reduce the decision to writing, and deliver a copy to the Agency with a copy to the Contract Administrator and Contract Manager. D. Force Majeure Neither party shall be liable for loss or damage suffered as a result of any delay or failure in performance under this Contract or interruption of performance resulting directly or indirectly from acts of God, fire, explosions, earthquakes, floods, water, wind, lightning, civil or military authority, acts of public enemy, war,riots,civil disturbances,insurrections,strikes,or labor disputes. E. Severability The invalidity or unenforceability of any particular provision of this Contract shall not affect the other provisions hereof and this Contract shall be construed in all respects as if such invalid or unenforceable provision was omitted. F. Verbal Instructions No negotiations,decisions, or actions shall be initiated or executed by the Agency as a result of any discussions with any Department employee. Only those communications which are in writing from the Department's administrative or project staff identified in Section IV., CONTRACT MANAGEMENT, of this Contract shall be considered as a duly authorized expression on behalf of the Department. Only communications from the Agency that are signed and in writing will be recognized by the Department as duly authorized expressions on behalf of the Agency. G. No Third Party Beneficiaries Except as otherwise expressly provided herein, neither this Contract, nor any amendment, addendum or exhibit attached hereto, nor term, provision or clause contained therein, shall be construed as being for the benefit of,or providing a benefit to,any party not a signatory hereto. Page 8 of 13 Master Document Revised 0812015 CONTRACT#W1082 H. Prison Rape Elimination Act(PREA) The Agency shall report any violations of the Prison Rape Elimination Act(PREA),Federal Rule 28 C.F.R. Part 115,to the Department of Corrections'Contract Manager. I. Cooperation with Inspector General In accordance with Section 20.055(5), Florida Statutes, the Agency understands and will comply with its duty to cooperate with the Inspector General in any investigation,audit,inspection,review,or hearing. J. Sovereign Immunity The Agency and the Department are state agencies or political subdivisions as defined in Section 768.28, Florida Statutes, and agree to be fully responsible for acts and omissions of their own agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by either party to which sovereign immunity may be applicable. Further, nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 13 Master Document Revised 08/2015 CONTRACT#W1082 Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Contract. This Contract will be governed by and construed in accordance with the laws of the State of Florida. Any action hereon or in connection herewith shall be brought in Leon County, Florida. This Contract and Addendum A contain all of the terms and conditions agreed upon by the parties. IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their undersigned officials as duly authorized. AGENCY: CITY OF CAPE CANAVERAL SIGNED BY: NAME: TITLE: DATE: FEID#: DEPARTMENT OF CORRECTIONS Approved as to form and legality, subject to execution. SIGNED SIGNED BY: BY: NAME: Kelley J.Scott NAME: Kenneth S.Steely TITLE: Director,Office of Administration TITLE: General Counsel Department of Corrections Department of Corrections DATE: DATE: Page 10 of 13 Master Document Revised 08/2015 Addendum A Inmate Work Squad Detail of Costs for City of Cape Canaveral Interagency Contract Number W1082 Effective October 1,2016 "'ENTER MULTIPLIERS IN SHADED BOXES ONLY F TO BE INVOICED TO AGENCY"' Per Officer Total Annual Coat Annual Cost I. CORRECTIONAL WORK SQUAD OFFICER SALARIES AND POSITION RELATED-EXPENSES TO BE REIMBURSED BY THE AGENCY: Officers Salary #Officer:Multiplier 1 $ 54,194.00 " $ 54,194.00 Salary Incentive Payment $ 1,128.00 $ 1,128.00 Repair and Maintenance $ 121.00 $ 121.00 State Personnel Assessment $ 354.00 $ 354.00 Training/Criminal Justice Standards $ 200.00 $ 200.00 Uniform Purchase $ 400.00 $ 400.00 Uniform Maintenance $ 350.00 $ 350.00 Training/Criminal Justice Standards ' $ 2,225.00 TOTAL-To Be Billed By Contract To Agency $ 58,972.00 $ 56,74 7.00 'Cost limited to first year of contract as this is not a recurring personnel/positIon cost. "Annual cost does not Include overtime pay. IA The Overtime Hourly Rate of Compensation(or this Contract is$31.85,i applicable. (The Overtime Hourly Rate of Compensation shall include the average hourly rale of pay for a Correctional Officer and the average benefit package provided by the department.represented as time and one half for purposes of this Contract.) Number Total Squads Annual Cost II. ADMINISTRATNE COSTS TO BE REIMBURSED BY THE AGENCY: Costs include but may not be limited to the following: Rain coats,staff high visibility safety vest,inmate high visibility safety vest,fire extinguisher,first aid kit,personal protection kit,flex cuffs,warning signs,handcuffs,Igloo coolers,portable toilets,insect repellents,masks,vaccinations,and other administrative expenses. 1 $ 750.00 TOTAL-To Be Billed By Contract To Agency $ 750.00 M. ADDITIONAL AGENCY EXPENSES: Tools,equipment,materials and supplies not listed in Section It above are to be provided by the Agency. CELLULAR PHONE WITH SERVICE REQUIRED: YES a NO ENCLOSED TRAILER REQURED: YES NO Addendum A Revised 06.02-03101.12.04 Page 11 0113 Addendum A Inmate Work Squad Detail of Costs for City of Cape Canaveral Interagency Contract Number W1082 Effective October 1,2016 Per Unit Number Total Bill To Provided Already N. OPERATING CAPITAL TO BE ADVANCED BY AGENCY: Cost of Units Cost Agency By Agency Exists Hand Held Radio MACOM $4969.00 $ U U Vehicle Mounted Radio IAACOM $5400.00 $ - TOTAL Operating Capital To Be Advanced By Agency $ - Total V. TOTAL COSTS TO BE ADVANCED BY AGENCY: Cost 1. Operating Capital-from Section IV. $0.00 2. Grand Total-To Be Advanced By Agency At Contract Signing: $0.00 VI. TOTAL COSTS TO BE BILLED TO AGENCY BY CONTRACT: Total Cost 1. Correctional Officer Salaries and Position-Related Expenses-from Section 1. $56,747.00 2. Other Related Expenses and Security Supplies-from Section II. $750.00 3. Grand Total-To Be Billed To Agency By Contract: $57,497.00 VII. TOTAL OF ALL COSTS ASSOCIATED WITH CONTRACT: $57,497.00 (Total of Sections V.and Vi.) VIII. OVERTIME COSTS: If the contracting Agency requests overtime for the work squad which is approved by the Department, the contracting Agency agrees to pay such costs and will be billed separately by the Department for the cost of overtime. Addendum A Revised 0602-03101-12.04 Page 12 of 13 Addendum A-INSTRUCTIONS Inmate Work Squad Detail of Costs for City of Cape Canaveral Interagency Contract Number W1082 Effective October 1,2018 Section I. Costs in this section are determined each fiscal year by the Budget and Management Evaluation Bureau and are fixed. By entering the number of Officers required for this contract,the spreadsheet will automatically calculate the'Total Annual Cost" column. If this Work Squad is beyond the first year of existence,enter a zero(0)in the'Total Annual Cost' column for'Training/Criminal Justice Standards'atig_r you have entered the'N Officers Multiplier. Section IL Safety and environmental health procedures require safety measures such as the use of safety signs,vests,and clothing. The Department's procedure for Outside Work Squads requires that all Work Squad Officers be responsible for ensuring their squad is equipped with a first aid kit and a personal protection equipment(PPE)kit. Section II Identifies such required equipment. A new squad must be sufficiently equipped and an on-going squad must be re-supplied when needed. Type in the number of squads used for this contract and the spreadsheet will automatically calculate the fixed annual expense of$750.00 per squad and place the total in Section VI. Section E. Check"Yes'or-No'to indicate whether a Cellular Phone with Service and/or an Enclosed Trailer is required by the Contract Manager. Section N. The Department's procedure for Outside Work Squads requires that they have at least one(1)primary means of direct communication with the institution's Control Room. Communication via radio and/or cellular phone is appropriate. It is preferred that a backup,secondary means of communication also be available. It is the Agency's responsibility to provide them. If the Department purchases a radio(s),the Agency must fund the purchase at the lime the Contract is signed. Check the box for the type of radio and fill In the Per Unit Cost for the type of radio,Number of Units,and Total Cost columns.Leave the Total Cost column blank if a radio(s)is not being purchased at this time. Check applicable boxes('Bill to Agency,'Provided by Agency"and"Already Exists')for each radio. NOTE: All radio communication equipment owned or purchased by the Agency that is programmed to the Departments radio frequency and used by the work squad(s),whether purchased by the Department or the Agency,shall be IMMEDIATELY deprogrammed by the Department at no cost to the Agency upon the end or termination of this Contract. Section V. The total funds the Agency must provide at the time the contract is signed will be displayed here when the form is properly filled out Section VI. The total funds the Agency will owe contractually,and pay in equal quarterly payments,will be displayed here. Section VII. The total funds associated with the Contract,to be paid by the Agency as indicated in Sections V.and VI.,will be displayed here. Section VII. Any agreement in this area will be billed separately as charges are incurred. Addendum A Revised 0602-03!01-12.04 Page 13 of 13 City of Cape Canaveral taA ', City Council Agenda Form Meeting Date: 06/21/2016 Item No. Subject: Award Contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Alcoholic Beverages to EXTREMERADS, LLC DBA Xstream Car Wash and Creamery(Xstream) and authorize City Manager to execute agreement for same. Department: Culture & Leisure Services Summary: Currently, one of the two available Commercial Beach Vending Franchise Operation Permits is held by Magec, LLC. With continued requests from companies to make the second permit available,Request For Proposal (RFP)#2016-01(R)was developed to address this gap in service (Attachment 1). To properly inform the public about this opportunity, Staff sent emails to businesses that had inquired about the opportunity, posted the RFP information on the City website and published a legal advertisement in Florida Today newspaper on May 12, 2016 seeking proposals from qualified applicants. Two proposals were received by the City Clerk's Office and publicly opened on May 26th at the Nancy Hanson Recreation Complex. They were reviewed and ranked by Staff according to the selection matrix outlined in the RFP. The Selection Committee Members ranked the Proposal from Xstream (Attachment 2) higher than the proposal submitted by H2O High Waterline Services, Inc. (Attachment 4). Xstream is a well-established brick and mortar business in the City, their cart offered a better appearance, they offered substantially more current certifying documentation to include articles of incorporation, insurance, Food Safety Manager Certification, State of Florida Department of Business and Professional Regulation License and were the last business to hold the permit before Magec, LLC. H2O High Water Line Services submitted a good proposal, but their cart looked shabby as it was made with store bought coolers and PVC pipes and they did not provide a current City BTR or any insurance documentation. Although not the deciding factor, at the time of this agenda being prepared,the corporate entity known as H2O High Waterline Services was in pending/reinstatement status which would complicate any ability to enter into a contract with the City. The RFP further stated "The City may refuse to award a franchise or may terminate an existing franchise in the event any principal or any person conducting beach vending activities on City beaches has been convicted of a felony within the past five(5) years"; Mr. Patty, one of the principals of the corporation, was convicted of a felony drug offense in 2012 (Attachment 5). Their continued disregard for City ordinances, past and present, by vending on the beach within City limits despite knowing a City permit is required in order to conduct business, further solidifies the choice made by Staff Xstream's overall score outranked H2O High Waterline. Staff recommends award of the 2"d and last permit available for this franchise opportunity be made to Xstream for the 5 year term allowed under City Code. Staff requests that City Council authorize the City Manager to utilize the draft vendor agreement from the RFP. Submitting Director: Gustavo Vergara Dater/1/4 Attachments: 1) Request For Proposal (RFP) #2016-01(R) 2) Proposal from Xstream 3) Beach Vending Final Rankings 4) Proposal from H2O High Waterline Services 5) Florida Department of Corrections Inmate Release Information Detail City Council Meeting Date: 6/21/2016 Item No.: 6 Page 2 of 2 Financial Impact: $500 increase to the Recreation Franchise Fee account. Reviewed by Administrative/Financial 44\\\- Services Director: John DeLeo Date: The City Manager recommends that City Council take thie following action: Award Contract for Commercial Beach Mobile Cart Vending Service Operation Franchise for Food and Non-Alcoholic Beverages to EXTREMERADS, LLC DBA Xstream Car Wash and Creamery (Xstream) and authorize City Manager to execute agreement for same. Approved by City Manager: David L. Greene 0-04' Date: 6/D 1 j6 Attachment#1 4714 A1 r I ` r A OM 011MMONIAL City of Cape Canaveral REQUEST FOR PROPOSAL COMMERCIAL BEACH MOBILE CART VENDING SERVICE OPERATION FRANCHISE FOOD AND NON-ALCOHOLIC BEVERAGES LEISURE SERVICES DEPARTMENT INTRODUCTION: The City of Cape Canaveral ("City") is located on a barrier island along the Atlantic Ocean approximately midpoint between Miami and Jacksonville and is slightly over 50 miles east of Orlando. This 1.9 square-mile beach and coastal community is bounded on the west by the Banana River Aquatic Preserve, on the north by Port Canaveral, on the east by the Atlantic Ocean,and on the south by the City of Cocoa Beach. This location also means that the community is an integral part of the retirement-resort-vacation-recreation complex of the central beaches area of Brevard County. PURPOSE: The City is seeking proposals from qualified firms or individuals ("Proposers" or "Vendors")to operate a Commercial Beach Mobile Cart Vending Service Operation Franchise for the City's Culture & Leisure Services Department in accordance with the terms, conditions and specifications contained in this Request for Proposal("RFP"). APPLICATION: The City MAY enter into a Franchise Agreement granting the right and privilege to use the sand beach areas within the City's jurisdictional boundaries to solicit and canvass for the sale of food and non-alcoholic beverages. Said Franchise Agreement shall be for the purpose of a Vendor operating a Commercial Beach Mobile Cart Vending Service Operation Franchise business in the City in conformity with, and subject to, all provisions, terms and conditions of this RFP and City Code.A Vendor's right to use the City's beaches for the franchise purposes stated herein shall not be exclusive and the City reserves the absolute right to grant or deny the use of its beaches to any person at any time during the period of any franchise awarded. RFP DUE DATE: Proposers must submit an identified "original copy" plus three (3) copies of the proposal(including any attachments)no later than Thursday,May 26,2016 at 4:00 p.m.to the City Clerk's Office located at 105 Polk Avenue, Cape Canaveral, Florida 32920. The proposal shall be in a sealed envelope clearly marked"Commercial Beach Mobile Cart Vending Service Operation Franchise, Food and Non-Alcoholic Beverages — RFP #2016-01(R)". The official time shall be that marked by the City Clerk's Office. Only paper submittals shall be accepted. Page 1 of 22 Attachment#1 Electronic or fax submittals shall not be accepted. Any proposals received after the above time will not be considered. The City accepts no liability for delivery errors. A Public Meeting,opening the RFP packages received,will be held at 4:30 p.m.in the multipurpose room at the Nancy Hanson Recreation Complex, located at 7300 North Atlantic Avenue, Cape Canaveral, FL. RFP SCHEDULE: The proposed RFP schedule is as follows: Release RFP May 12, 2016 Last date for receipt of written questions May 24, 2016 Proposal due date May 26, 2016 (prior to 4:00 pm) Selection Committee review and ranking deadline May 27, 2016 Intended date for contract award June 21, 2016* *Dates indicated are tentative and may be changed by the City. QUALIFICATIONS/INSPECTION: Proposals shall only be considered from Proposers normally engaged in providing the types of services specified herein. The City reserves the right to inspect each Proposer's facilities, equipment,personnel and organization at any time, or to take any other action necessary to determine the Proposer's ability to perform. The City reserves the absolute right to reject proposals in its sole discretion where evidence or evaluation is determined to indicate the inability of proposers to perform the required tasks. Any principal and all persons conducting beach vending activities on City beaches shall be subject to a background check at owner's expense. The City may refuse to award a franchise or may terminate an existing franchise in the event any principal or any person conducting beach vending activities on City beaches has been convicted of a felony within the past five (5) years. LICENSES/PERMITS/INSURANCE REQUIREMENTS: The selected Vendor shall obtain and provide proof of all pertinent licenses, permits and insurance required to conduct business as a Vendor in the City. Insurance coverage is to remain in force at all times during the contract period. The City is to be named as"additional insured"with relation to general liability insurance. PROHIBITION OF INTEREST: No contract shall be awarded to a Proposer having an affiliation with City elected officials, officers or employees unless the Proposer has fully disclosed such affiliation and complied with current Florida State Statutes and related City ordinances. Proposers must disclose any such affiliation during the selection process. Failure to disclose any such affiliation shall result in disqualification of the Proposer and removal from the City's approved vendor list and prohibition from engaging in any business with the City. RFP DOCUMENTS: All Proposers shall examine this RFP carefully. Failure to adequately review the requirements shall not relieve a successful Proposer from liability and obligation under any contract. CONTRACT: The initial contract term shall commence upon date of award by the City and shall expire(5)five years from that date. The City reserves the right to extend the contract for additional, Page 2 of 22 Attachment#1 one(1)year terms providing all terms, conditions and specifications remain the same,both parties agree to the extension and such extension is approved by the City. Vendor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. A proposed Vendor Agreement is included as Attachment#1. NEWS RELEASES/PUBLICITY: News releases, publicity releases or advertisements relating to any contract shall not be made without prior City approval. PROPOSER'S COSTS: The City shall not be liable for any costs incurred by proposers in responding to this RFP. RULES AND PROPOSALS: The signer of the proposal must declare that the only person(s), company or parties interested in the proposal as principals are named therein; that the proposal is made without collusion with any other person(s), company or parties submitting a proposal; that it is in all respects fair and in good faith, without collusion or fraud; and that the signer of the proposal has full authority to bind the principal Proposer. The City reserves the right to reject any or all proposals, waive minor informalities or award to/negotiate with firms whose submittals best serve the interests of the City. DAYS AND HOURS OF OPERATION: Beach vending by the selected Vendor shall only be authorized between the hours of 10:00 a.m. — 5:00 p.m. daily including weekends and holidays. The successful Vendor shall have the proprietary operational rights of the beach seven (7) days per week. The selected Vendor shall have the right to make written application to the Leisure Services Department Director for a change in the hours of operation which,upon the approval, shall become the temporary hours of operation. The City reserves the right to revoke the Contract if the selected Vendor does not adhere to the schedule of operations. OPERATING REGULATIONS: Operating regulations for the selected Vendor are as follows: 1. All City,County and State laws and regulations relating to the operational use of the City's beachfront areas shall be adhered to by the Vendor,his/her representatives and employees. 2. The Vendor shall conduct his/her operation and provide contracted services in such a manner as to maintain reasonable quiet and minimize disturbance to the general public and shall adhere to all requirements of City Code including,but not limited to, Chapter 54 and City Ordinance No. 14-2010. 3. The security for all property, equipment and supplies owned and provided by the Vendor shall remain the responsibility of the Vendor. Costs relating to the repair or replacement of such items, stolen, lost or damaged shall be at the sole cost and expense of the Vendor. 4. The Vendor shall be responsible for all damage to City property or the City beachfront caused by the Vendor or his/her employees or agents. Any such damage shall be corrected at the sole cost and expense of the Vendor. 5. The Vendor shall provide a list of all proposed items and unit prices and shall not sell anything other than that which he/she is licensed to vend. Page 3 of 22 Attachment#1 6. The Vendor shall not leave any location without first picking up, removing and disposing of all trash, materials or refuse remaining from sales made by him/her or the conduct of his/her operation. 7. The Vendor's cart shall not be left unattended at any time — there shall be no overnight storage of any type on the beach. In addition, commercial beach vending shall be prohibited within the following areas: a. Within conservation areas, dunes or other protected zones. b. Within beach parking areas. c. Within pedestrian beach approaches. d. Within 25 feet of any lifeguard tower or facility. SEA TURTLES: The Vendor must understand that marine turtle nesting activity may be ongoing between the period of March 1 and October 31, or as determined by the State of Florida and its departments/agencies each year. It is the responsibility of the Vendor to abide by any order issued by the State of Florida and/or cooperate with Brevard County to ensure that nesting surveys may be conducted in accordance with the conditions set forth by the State. If the Vendor or his/her staff sees someone harassing a sea turtle or poaching a nest, the Vendor shall immediately call the Florida Fish and Wildlife Conservation Commission at 1-888-404-3922. DESCRIPTION OF SERVICES: The proposer shall provide the City with a detailed description of the scope of his/her proposed beach vending operation including, but not limited to, a description of the food and beverages to be sold; an operations schedule including proposed days of services to provide vending services; number and description of carts or other apparatus used to store or transport merchandise; and the proposed price of all merchandise. FRANCHISE FEES: A per cart franchise fee of$500 shall be payable by the operator to the City upon the contract execution and annually each year thereafter,including but not limited to renewal years, if applicable. CART STRUCTURE: Carts shall be equipped with at least two wheels and designed to be propelled by the walking motion of the Vendor personnel, with exception that a handicapped person may use other appropriate means of movement. A cart may be propelled by electric motor, provided that the motor is equipped with a Deadman switch,rendering the cart immobile when not in the control of Vendor personnel.The cart shall not have attached to it any bell,siren,horn,radio, amplified music system, loudspeaker or any similar device to attract attention. Any activity that disturbs the public is prohibited. The Vendor shall not use any sign or advertising except for the posting of prices, the names of the products and the name of the vending operation. Freestanding signs of any kind are not permitted. Each cart shall be enclosed on all sides and covered with an appropriate material to prevent exposure of the food or food product to wind, dust, sand, insects or the elements, and shall meet such other regulations as may be required by the Brevard County Health Department and State of Florida. SECURITY: Security of the cart(s) shall be the responsibility of the Vendor. Cart(s) must be removed in the event of weather related danger (i.e., hurricane watch or warning) or at any other time the City determines the need for removal. Page 4 of 22 Attachment#1 SERVICE TEST PERIOD: If the Vendor has not previously performed services for the City,the City reserves the right to require a test period to determine if the Vendor can perform in accordance with the requirements of the contract, and to the City's satisfaction. Such test period can be from thirty(30)to ninety(90)days,and shall be conducted under all specifications,terms and conditions contained in the contract. VENDOR PERFORMANCE REVIEWS AND RATINGS: The City shall develop a Vendor performance evaluation report. This report shall be used to periodically review and rate the Vendor's performance under the contract with performance ratings as follows: Excellent Far exceeds requirements. Good Exceeds requirements. Fair Just meets requirements. Poor Does not meet all requirements and Vendor is subject to possible termination. Noncompliance Either continued poor performance after notice or a performance level that does not meet a significant portion of the requirements. This rating makes the Vendor subject to the default or cancellation for cause provisions of the contract. The report shall also list all discrepancies found during the review period. The Vendor shall be provided with a copy of the report, and may respond in writing if he/she takes exception to it or wishes to comment. Vendor reviews and subsequent reports shall be used in determining the suitability of contract extension. ADMINISTRATIVE SERVICES. Personnel services provided by the Vendor shall be by employees of the Vendor and subject to supervision by the Vendor, and not as officers, employees or agents of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, purchasing policies and other similar administrative procedures applicable to services rendered under any contract shall be those of the Vendor. The Vendor must also maintain a Drug-Free Workplace Program. The City's program requirements are included on Attachment #2; this form must be included with each proposal. SUBCONTRACTORS: Subcontractors shall not be permitted under this contract. DAMAGE TO PUBLIC OR PRIVATE PROPERTY: Damage to public and/or private property as a result of Vendor operations shall be the responsibility of the Vendor and shall be repaired and/or replaced at no additional cost to the City. INSURANCE: 1. Insurance Requirements: Upon award, the Vendor shall be required to obtain and furnish to the City,prior to the contract being effective,Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named insured with the following minimum coverages: Page 5 of 22 Attachment#1 a. Workers' Compensation: Is required in accordance with the applicable provisions of Florida Law. b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage—each occurrence $1,000,000 Personal and Advertising Injury—each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned,non-owned, leased or hired vehicles. The above requirements may be reduced in the final contract at the City's sole discretion. PROPOSAL: The following shall be fully addressed in the Proposal: 1. Statement of Qualifications: Provide a Statement of Understanding of the critical issues and opportunities associated with the proposed services and how the Proposer is uniquely qualified to assist the City in this effort. 2. Preliminary Scope of Services: Provide an outline detailing the approach and concept of the vending service and a proposed scope of services to demonstrate an understanding of the service. 3. Operations Schedule: Provide an operations schedule including proposed days to provide vending services. 4. Cart Appearance: Provide a color photograph that includes cart specifications. 5. Uniform: Provide a color photograph of the Vendor's uniform. 6. Products and Services Offered: Provide a list of all proposed items to be sold and unit prices. 7. Experience: State and document the number of years of experience the Proposer has had in providing similar services. List clients for whose services have been provided in the last three years. Provide client names, addresses,telephone numbers, client contacts, e-mail addresses and dates that the services were provided. 8. Employees: Provide proof that the business has sufficient employees to provide coverage at the onset of the contract. List those persons who may have a management position working with the City- list the names, titles or positions and the project duties. Page 6 of 22 Attachment#1 9. Permits/Licenses: Provide copies of all County, State and City permits and licenses. 10. Drug-Free Workplace Program: Execute and include the appropriate form, see attachment#2. CONSIDERATION FOR AWARD/AWARD PROCEDURES:The award of the contract shall be based on certain objectives and subjective considerations,and shall be based upon an evaluation point system as follows: Hours of operation: 0 to 15 points Products and services offered for sale: 0 to 20 points Concession experience/business references: 0 to 25 points Cart appearance: 0 to 15 points Vendor uniform appearance: 0 to 10 points Licenses/permits and executed Drug-Free Workplace Program Form: 0 to 15 points The evaluation of proposals shall be conducted by a Selection Committee of City Staff. The Committee shall score and rank all responsive proposals and determine a minimum of three (3) Proposers to be finalists for further consideration. In the event there are less than three (3) responsive proposals, the Committee shall give further consideration to all responsive proposals received. If necessary, the Committee shall then conduct interviews, for clarification purposes only, with the finalists and re-score the proposals. The Committee shall then make a recommendation to the Cape Canaveral City Council for award. Proposers or finalists may be required to provide an oral presentation by appearing before the Selection Committee. The City may also require additional information and Proposers shall agree to furnish such information. The City reserves the absolute right in its sole discretion to award the contract to the Vendor who shall best serve the interests of the City. The City reserves the right, based upon its deliberations and in its opinion, to accept or reject any or all proposals. The City also reserves the right to waive minor irregularities or variations to the specifications and in the proposal process. STANDARD TERMS AND CONDITIONS: Acceptance and Rejection: The City reserves the absolute right to accept or reject any and all Proposals and to accept the Proposal which best serves the interests of the City of Cape Canaveral. The City may award sections individually or collectively, whichever is in its best interest, unless the Vendor only intends to propose for the contract in its entirety. Conflict: In the event that a conflict arises as to the contents of the RFP and the Agreement, the Agreement shall govern. Economy of Preparation: The Proposals should provide a straightforward, concise description of the Vendor's ability to fulfill the requirements of the Proposal. Indemnification and Hold Harmless: By submitting a response document signed by an authorized agent of the Vendor,the Vendor acknowledges and accepts the terms and conditions of the following indemnification statement in the event of award: Page 7 of 22 Attachment#1 "For all Services performed pursuant to this Agreement,the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death),or liability(including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the 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 or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph shall survive termination of this Agreement." Informalities: The City of Cape Canaveral reserves the absolute right to both waive any minor informality in Proposals and to determine, in its sole discretion, whether or not the informality is minor. Information: Vendors are to furnish all information requested. Failure to do so may be cause for rejection. Interpretations: Any questions concerning conditions and specifications shall be directed to the Culture & Leisure Services Director at 321-868-1226 or g.vergara@cityofcapecanaveral.org. Interpretations that may affect the eventual outcome of this Proposal will be furnished in writing to all prospective Vendors. No interpretations shall be considered binding unless provided in writing by the City of Cape Canaveral. Non-Discrimination: The successful Vendor will comply with all federal and state requirements concerning fair employment and will not discriminate by reason of race, color, age, religion, sex, national origin or physical handicap. Patents and Copyrights: The Vendor will agree to hold harmless the City of Cape Canaveral, its officers, agents, employees, and attorneys from liability from any kind, including costs and expenses,with respect to any claim, action,cost or judgment for patent or copyright infringement. Page 8 of 22 Attachment#1 Public Records: In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. Time for Considerations: Proposals will be irrevocable after the time and date set for the opening of Proposals and for a period of ninety(90) days thereafter. Trade Secrets: Proposers should not send trade secrets. If, however,trade secrets are claimed by a Proposer, they will not be considered as trade secrets until the City is presented with the alleged secrets, together with proof, that they are legally trade secrets. The City will then determine whether it agrees and consents that they are in fact trade secrets. If a Proposer fails to submit a claim of trade secrets to the City before obtaining the City's agreement, any subsequently claimed trade secrets will be treated as public records and will be provided to any person or entity making a public records request for the information. Page 9 of 22 Attachment#1 Attachment #1 Vendor Agreement Page 10 of 22 Attachment#1 VENDOR AGREEMENT THIS AGREEMENT is made this day of , 2 ("Effective Date"), by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and whose address is Florida("Vendor"). RECITALS: WHEREAS,the Vendor desires to offer ("Services") for the benefit of the public using the sand beach areas within the City's jurisdictional boundaries; and WHEREAS,the City desires to allow the Vendor to offer such Services to the public under the terms and conditions set forth in this Agreement. IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged,the parties desiring to be legally bound do hereby agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 Engagement. The City hereby engages the Vendor for the stated fee arrangement and the Vendor agrees to perform the Services outlined in the Request for Proposal,attached hereto as EXHIBIT "A", which is fully incorporated herein by this reference. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.2 Due Diligence. The Vendor acknowledges that he/she has conducted an investigation prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor warrants unto the City that he/she has the competence and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence consistent with sound professional practices. Page 11 of 22 Attachment#1 1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto the City that the services being performed pursuant to this Agreement do not constitute professional services as defined by Section 287.055(2) (a), Florida Statutes. ARTICLE 2 PAYMENT TERMS 2.1 Payment Terms. Annual payment of$500 per cart is due upon contract execution and at each annual renewal period thereafter. Franchise fee payments shall be sent to the parties at the following address: City of Cape Canaveral Culture& Leisure Services Director P.O. Box 326 Cape Canaveral, Fl. 32920 ARTICLE 3 GENERAL CONDITIONS OF SERVICES 3.1 Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the City.Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the City and the Vendor during or after the performance of the Services under this Agreement. 3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law, including but not limited to Local Business Tax Receipts and withholding taxes and assume all costs incident to the Services, except as provided herein. ARTICLE 4 SUBCONTRACTS; ASSIGNMENT 4.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of the City, except to the extent that any assignment,sublet,or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment shall release or discharge the Page 12 of 22 Attachment#1 assignor from any duty or responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the Services without the written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and the Vendor and not for the benefit of any other party. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 Governing Law; Venue. This Contract shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If any dispute concerning this Contract arises under federal law, the venue shall be Orlando, Florida. 5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: David L. Greene City Manager City of Cape Canaveral P.O. Box 326 (105 Polk Avenue) Cape Canaveral, FL 32920 (321) 868-1220 (Phone) (321) 868-1248 (Fax) TO THE VENDOR: Name: Address: Telephone: Fax: Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set forth herein Page 13 of 22 Attachment#1 may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 5.3 Public Record. In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119,Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119. Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. 5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal, unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this Contract, and this Contract shall be read as if said illegal,unenforceable or unconstitutional word, sentence or paragraph did not exist. Page 14 of 22 Attachment#1 5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential liability under state or federal law. As such, Vendor agrees that 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). ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY; INSURANCE 6.1 Workers' Compensation. Upon the effective date of this Agreement, Vendor shall provide proof of workers' compensation insurance in the minimum amount required by law (if required). 6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named insured with the following minimum coverages: a. Workers' Compensation: Upon the effective date of this agreement, Vendor shall provide proof of workers' compensation insurance in the minimum amount required by law (if required). b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage—each occurrence $1,000,000 Personal and Advertising Injury—each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit Page 15 of 22 Attachment#1 $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability. c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida,as to the ownership,maintenance and use of all owned, non-owned, leased or hired vehicles. (The above requirements may be reduced in the final contract at the City's sole discretion.) 6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty(30)days prior written notice has been given to the City and the Vendor by certified mail,return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto,the expiration dates of such policies,and a statement that no insurance under such policies shall be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option,may elect to terminate this Agreement by written notice to Vendor. 6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees),directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the 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 or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of its sole Page 16 of 22 Attachment#1 choice,the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4 shall survive termination of this Agreement. 6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing the same or similar services. ARTICLE 7 TERMINATION OF THE CONTRACT 7.1 Termination by City. The City Council may terminate this Agreement with five (5)days written notice to Vendor. Such termination shall be at City Council's sole discretion. 7.2 Termination for Cause by City. Vendor acknowledges and agrees that if,through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City Manager or City Manager's designee may upon written notice to the Vendor, terminate the right of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Vendor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, the Vendor shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of this Agreement by the vendor. 7.3 Termination by Vendor. With at least five (5) days written notice to the City, Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this Agreement. 7.4 Termination by Consent. This Agreement may be terminated by the mutual written consent of both parties at any time, and without penalty. 7.5 Upon Termination. Upon termination of this Agreement,Vendor shall be entitled to no additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided hereunder. 7.6 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Vendor. Page 17 of 22 Attachment#1 ARTICLE 8 TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall commence on the Effective Date of this Agreement and end on , unless extended by mutual written agreement of the parties. ARTICLE 9 CONFLICTS 9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit"A" and the Agreement, the Agreement shall govern. [Signature page to follow] Page 18 of 22 Attachment#1 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the date first written above. CITY: CITY OF CAPE CANAVERAL, FLORIDA ATTEST: David L. Greene, City Manager Title: Date: VENDOR: ATTEST: Print Name: Title: Date: STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this day of , 20 , by , as for who is personally known or produced identification (NOTARY SEAL) Notary Public Signature Typed or Printed Notary Name: Page 19 of 22 Attachment#1 Exhibit A COMMERCIAL BEACH MOBILE CART VENDING SERVICE OPERATION FRANCHISE FOOD AND NON-ALCOHOLIC BEVERAGES RFP #2016-01(R) Page 20 of 22 Attachment#1 Attachment #2 Drug-Free Workplace Program Form Page 21 of 22 Attachment#1 DRUG-FREE WORKPLACE PROGRAM RFP#2016—019(R) To be considered for a Contract for this RFP, each Proposer must have a Drug-Free Workplace Program in-place. In order to have a drug-free workplace program, a Proposer shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the Proposer's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in subsection(1) above. 4. In the statement specified in subsection(1)above,notify the employees that, as a condition of working on the commodities or contractual services, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Proposer complies fully with the above requirements. Proposer Signature Name of Company Proposer Printed Name Page 22 of 22 Attachment 2 %ST - AM Proposal REQUEST FOR PROPOSAL COMMERCIAL BEACH MOBILE CART VENDING SERVICE OPERATION FRANCHISE FOOD AND NON-ALCOHOLIC BEVERAGES RFP#2016-01(R) 5/26/16 Xstream Car Wash and Creamery, would like to propose acceptance from the city of Cape Canaveral to conduct business on our local beach, using an Ice Cream Vending Cart. Our vending cart is commercialized, climate controlled, and in very attractive and in high professional business condition. We would like to establish a beach customer base in need of refreshing water, Ice Cream, and Italian ice, while they enjoy their day on our local beaches. This cart is owned by our company and the last lessee of the business allowed the former permit to lapse unknown to us. We would like to get the permit re-accepted and plan to maintain its active status. Xstream would cooperate with any provisions set by the City in compliance to their current standards and restrictions. The cart will be staffed with an employee from our company and will run weather permitted. Most Saturday's and Sunday's, we will actively operate from hours between loam to 3pm, with the options of running weekly in conjunction during special community events, and/or high beach attendance times. On any given day Xtsream has approximately ten employees', two owners, and two managers to run and maintain the cart. This will include backup to refill cart as needed and immediate assistance for cart repair if needed. We plan to start from the north end of the beach starting specifically at Cherie Down Park and making our way South until our daily products last. Xstream already carries the current and proper insurance and workman's comp coverage documentations to comply with general provisions of vendor agreement. We can assure that our performance reviews will always maintain an excellent rating. i PRODUCTS AND SERVICES: Our Ice Cream and Italian Ice is prepackaged and kept frozen in our cart during the vendor and sales process. Both will be in individual ready to eat cups, and purchased in a gracious size. Custard Price: $3.00 Flavors: chocolate, vanilla, strawberry, cookies and cream. Italian Ice: $2.00 Flavors: watermelon, grape, lemon, pina colada. Water Bottles: $1.00: Obtained currently from our Coca-Cola Distributor. Cart Appearance: Photos of our cart are attached for reference. Uniform: Employee's will wear bright colored shirt with our Logo above distinguishing them an employee of Xstream Creamery. Xstream Car Wash and Creamery currently has a beachside location at 7900 N Atlantic Ave, in Cape Canaveral. This will allow us to run the cart adequately and efficiently. This is where the cart will be stored during non-business hours. We have experience with vending services, and proper business expectations. Our experience already greatly exceeds what is needed to minimally run this cart in a respectful manner. We appreciate the City of Cape Canaveral in consideration of our cart acceptance for the active beach clientele and to continue the growth our business. Sincerely, acii.\&9a\ jp Rachel and Scott DeCamp-Owner/Operator. 7900 N Atlantic Ave,Cape Canaveral FL 32920 Rachel 321-403-7155/Scott 321-961-2148 • =ORE SURFW.I...... �+ t 1111 111147 If$ } 0410 Pr'02_ board uo -it‘ Civ-cd'U-9 • - uo --lir tor__ . _ 11PH 1 *al l.'.f 'iuY S °,k' i vY f f IIP4r '...._.. T f .�i�`-mss !•;,i • .,.:.yam"ii.�t T..7,..:..'art•r.s r_' • `• 'r^tr' ''' ' k' JN, 1' ::'I {! `L Y ._tom • W. Uniforms Men/Woman .• rj .:w t etk 4 li 4' j irt r ta Ni lilt, ' }i �' f r - f t R Xstream Logo On Back of shirt VENDOR AGREEMENT (0) THIS AGREEMENT is made this a ofj- , 2OIt�("Effective Date"), by and between the CITY OF CAPE CAANAVERAL, FLORIDA, a Florida municipal corporation, whose address is 105 P lk Avenue, Ca a Canaveral, Florida, 32920 ("City"), and ( 1Y (,OC EJ) CfQOrn whose address is -7Q1Db 10 IHi a il-41 o IItLQ ('apo actncxycroi, Florida("Vendor"). RECITALS: WHEREAS, the Vendor desires to offer .. _ 'p Cfcarn Oa f ("Services") for the benefit of the public using the sand beach areas within the City's jurisdictional boundaries; and WHEREAS, the City desires to allow the Vendor to offer such Services to the public under the terms and conditions set forth in this Agreement. IN CONSIDERATION of the mutual covenants and provisions hereof, and other good, diverse and valuable considerations, the receipt and sufficiency all or which is hereby acknowledged,the parties desiring to be legally bound do hereby agree as follows: ARTICLE 1 GENERAL PROVISIONS 1.1 Engagement. The City hereby engages the Vendor for the stated fee arrangement and the Vendor agrees to perform the Services outlined in the Request for Proposal, attached hereto as EXHIBIT "A", which is fully incorporated herein by this reference. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.2 Due Dilieence. The Vendor acknowledges that he/she has conducted an investigation prior to execution of this Agreement and satisfied himself/herself as to the conditions affecting the Services, the availability of materials and labor, the cost thereof, the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor warrants unto the City that he/she has the competence and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence consistent with sound professional practices. Page 12 of 23 1.3 Consultants Competitive Negotiation Act Services. The Vendor warrants unto the City that the services being performed pursuant to this Agreement do not constitute professional services as defined by Section 287.055(2)(a), Florida Statutes. ARTICLE 2 PAYMENT TERMS 2.1 Payment Terms. Annual payment of$500 per cart is due upon contract execution and at each annual renewal period thereafter. Franchise fee payments shall be sent to the parties at the following address: City of Cape Canaveral Culture& Leisure Services Director P.O. Box 326 Cape Canaveral, Fl. 32920 ARTICLE 3 GENERAL CONDITIONS OF SERVICES 3.1 Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the City and the Vendor during or after the performance of the Services under this Agreement. 3.2 Warranty of Services. The Vendor hereby warrants unto the City that he/she has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. The Vendor shall comply with all laws, ordinances, rules and regulations in the performance of the Services. The Vendor shall pay all taxes, fees and license fees required by law, including but not limited to Local Business Tax Receipts and withholding taxes and assume all costs incident to the Services, except as provided herein. ARTICLE 4 SUBCONTRACTS; ASSIGNMENT 4.1 Assignment and Subcontracting. Unless otherwise specifically required by this Agreement, the Vendor shall not assign, sublet or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the written consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment shall release or Page 13 of 23 discharge the assignor from any duty or responsibility under this Agreement. Further, the Vendor shall not subcontract any portion or all of the Services without the written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and the Vendor and not for the benefit of any other party. ARTICLE 5 MISCELLANEOUS PROVISIONS 5.1 Governing Law; Venue. This Contract shall be governed by the law of the State of Florida. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that the Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If any dispute concerning this Contract arises under federal law, the venue shall be Orlando, Florida. 5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: TO THE CITY: David L. Greene City Manager City of Cape Canaveral P.O. Box 326 (105 Polk Avenue) Cape Canaveral, FL 32920 (321) 868-1220 (Phone) (321) 868-1248 (Fax) TO THE VENDOR: Name: Xst-rn c rn air 1,0(1_4-) 0_1112a0-142-16_ Address: -79 CO P3 R4 a/M-1e.Lt •_��� _._ •• 1. j( Telephone: 70 ?) Fax: Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth above. Any party hereto by giving notice in the manner set Page 14 of 23 forth herein may unilaterally change the name of the person to whom notice is to be given or the address at which notice is to be received. 5.3 Public Record. In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in writing and executed by the parties bound to this Agreement. 5.5 Severability. If a word, sentence or paragraph herein shall be declared illegal, unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word, sentence or paragraph did not exist. Page 15 of 23 5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the parties hereto, the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations or Agreements, either oral or written, and all such matters shall be deemed merged into this Agreement. 5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential liability under state or federal law. As such, Vendor agrees that 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). ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY; INSURANCE 6.1 Workers' Compensation. Upon the effective date of this Agreement, Vendor shall provide proof of workers' compensation insurance in the minimum amount required by law (if required). 6.2 General Liability. Insurance Requirements: Upon award, the Vendor shall be required to obtain and furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named insured with the following minimum coverages: a. Workers' Compensation: Upon the effective date of this agreement, Vendor shall provide proof of workers' compensation insurance in the minimum amount required by law(if required). b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: $1,000,000 Bodily Injury and Property Damage—each occurrence $1,000,000 Personal and Advertising Injury—each occurrence $2,000,000 General Aggregate Page 16 of 23 $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability. c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws of the State of Florida, as to the ownership, maintenance and use of all owned, non-owned, leased or hired vehicles. (The above requirements may be reduced in the final contract at the City's sole discretion.) 6.3 Requirements. This paragraph shall be applicable to Sections 6.1 and 6.2. The insurance required by this Article shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates (or other evidence thereof) shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty(30) days prior written notice has been given to the City and the Vendor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies shall be canceled without thirty (30) days prior written notice to the City in compliance with other provisions of this Agreement. For all Services performed pursuant to this Agreement, the Vendor shall continuously maintain such insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance, City, at its option, may elect to terminate this Agreement by written notice to Vendor. 6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the 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 or its employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly Page 17 of 23 employed by them. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4 shall survive termination of this Agreement. 6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing the same or similar services. ARTICLE 7 TERMINATION OF THE CONTRACT 7.1 Termination by City. The City Council may terminate this Agreement with five (5) days written notice to Vendor. Such termination shall be at City Council's sole discretion. 7.2 Termination for Cause by City. Vendor acknowledges and agrees that if, through any cause, the Vendor fails to fulfill in a timely and proper manner its obligations under this Agreement, or if the Vendor shall violate any of the provisions of this Agreement, the City Manager or City Manager's designee may upon written notice to the Vendor, terminate the right of the Vendor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has been default, and may hold the Vendor liable for any damages caused to the City by reason of such default and termination. In the event of such termination, the Vendor shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of this Agreement by the vendor. 7.3 Termination by Vendor. With at least five (5) days written notice to the City, Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this Agreement. 7.4 Termination by Consent. This Agreement may be terminated by the mutual written consent of both parties at any time, and without penalty. 7.5 Upon Termination. Upon termination of this Agreement, Vendor shall be entitled to no additional compensation. Upon notice of termination, the Vendor shall cease all Services being provided hereunder. 7.6 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to perform on the part of the Vendor. Page 18 of 23 ARTICLE 8 TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall commence on the Effective Date of this Agreement and end on , unless extended by mutual written agreement of the parties. ARTICLE 9 CONFLICTS 9.1 Conflicts. In the event that a conflict arises as to the contents of Exhibit"A"and the Agreement,the Agreement shall govern. [Signature page to follow] Page 19 of 23 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the date first written above. CITY: CITY OF CAPE CANAVERAL, FLORIDA ATTEST: David L. Greene, City Manager Title: Date: VENDOR: ATTEST: Cit Ok tk°O.C1 \.5)IRkS�{Y1 Lc ame: � Print tiQ.�im 1 Title: '0-1'— Date: S P-to I l p STATE OF FLORIDA COUNTY OF BREVARD The foregoing instrument was acknowledged before me this . 4 day of , 20 A , bye -Q -,P Oa ON , as D 1) 'ft. for Iy (Z,°Q ecr,(e_( t;acs/t,4 who is ,/ personally known or produced identification 'Z/ �u}cij PAULA D.WELLS . t Commission#EE 872708 7,,: : Expires February 7,2017 ` (NOTARY S • '�`,; r Boded Nu Trey Fah Wilma BM 7019 Notary Public Signature Typed or Printed Notary Name: Page 20 of 23 DRUG-FREE WORKPLACE PROGRAM RFP#2015 -01 To be considered for a Contract for this RFP, each Proposer must have a Drug-Free Workplace Program in-place. In order to have a drug-free workplace program, a Proposer shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the Proposer's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in subsection (1) above. 4. In the statement specified in subsection (1) above, notify the employees that, as a condition of working on the commodities or contractual services, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this Proposer complies fully with the above req, • • • i ts. Xcj-ROL.CNr Wfah - ' : ature `41/9f"' Name of Company rwtdmerft_ 7Dvea_rr\p- Ltiflar- Proposer Printed Name Page 23 of 23 Electronic Articles of Organization L15000033253 FILED 8:00 AM For February23, 2015 Florida Limited Liability Company Sec. Of ate syoung Article I The name of the Limited Liability Company is: EXTREMERADS, LLC Article II The street address of the principal office of the Limited Liability Company is: 104 MONROE AVE. CAPE CANAVERAL, FL. US 32920 The mailing address of the Limited Liability Company is: 104 MONROE AVE. CAPE CANAVERAL, FL. US 32920 Article III The name and Florida street address of the registered agent is: JOHN BURKE 204 SYKES LOOP DR. MERRITT ISLAND, FL. 32953 Having been named as registered agent and to accept service of process for the above stated limited liability company at the place designated in this certificate, I hereby accept the appointment as registered agent and agree to act in this capacity. I further agree to comply with the provisions of all statutes relating to the proper and complete performance of-my duties, and I am familiar with and accept the obligations of my position as registered agent. Registered Agent Signature: JOHN BURKE Article IV L15000033253 manageED8:00 023 2015 The name and address of person(s)authorized to LLC: February Title: AMBR Sec. Of State RACHEL DECAMP syoung 104 MONROE AVE. CAPE CANAVERAL, FL. 32920 US Title: AMBR SCOTT DECAMP 104 MONROE AVE. CAPE CANAVERAL, FL. 32920 US Signature of member or an authorized representative Electronic Signature:CHEYENNE MOSELEY, US CORP. AGENTS I am the member or authorized representative submitting these Articles of Organization and affirm that the facts stated herein are tete. I am aware that false information submitted in a document to the Department of State constitutes a third degree felony as provided for in s.817.155, F.S. I understand the requirement to file an annual report between January 1st and May 1st in the calendar year following formation of the LLC and every year thereafter to maintain"active"status. certifiedcOI,y I certify the attached is a true and correct copy of the Articles of Organization of EXTREMERADS,LLC, a limited liability company organized under the laws of the state of Florida, filed electronically on February 23,2015,as shown by the records of this office. I further certify that this is an electronically transmitted certificate authorized by section 15.16, Florida Statutes,and authenticated by the code noted below. The document number of this limited liability company is LI5000033253. Authentication Code: 150224144410-000269826450#1 Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Twenty Fourth day of February,2015 VilAit. tail* • n Aptlle' +etretarp Of &tate -A to 4s. - '1, NATIONAL REGISTRY OF 4 = FOOD SAFETY PROFESSIONALS® r.raC) '4, g CERTIFIES - iNer_, 4 Z. T v `" RACHEL DECAMP Vi y 1"-. HAS SUCCESSFU "Y SATISFIED THE REQUIREMENTS FOR THE C.RRTIFLED FOOD 1.1.6171 h 0 FOOD SktETY MANAGER UNDER THE CONFERENCE FOR FQQD PROTECTION STANDARDS E PRESIDENT: �•... j -- ANS/ tell LAWRENCE J.LYNCH,CAE ACCREDITED PROGRAM I SVE DtTE:MAY 13,2015 ,1,emoa l,,.na•raF oev lee0 EXP1RA ION DATE:MAY 13,2020 0656 CERTIFICATE No:21 102598 1680 Universal 811„Suite 350,Orlando,F►.32819 TEST FORM:EXE49 If-'(00Q)446.8257 F(407)352-3603 W.NRFSPcom The certificate is not valid for more than five yeah from date of issue. Natio�r,al Ru,j6h4ry of Fond S ii re iy Professionals® I STATE OF FLORIDA . OM 1, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION i.. DIVISION OF HOTELS AND RESTAURANTS 850-487-1395 1940 NORTH MONROE STREET NORTHWOOD CENTRE TALLAHASSEE FL 32399-1015 EXTREME RADS, LLC CAR WASH &CREAMERY 5590 DATURA ST COCOA FL 32927 Congratulations! With this license you become one of the nearly * one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range 11,1r STATE OF FLORIDA from architects to yacht brokers,from boxers to barbeque DEPARTM of BUSINESS AND restaurants,and they keep Florida's economy strong. PROFS i t . ° :... ULATION Every day we work to improve the way we do business in order SEA`I 506296 ;• Y • alD3/01/2016 to serve you better. For information about our services, please log onto www.myfloridalicense.com. There you can find more • SEATING FOOD; information about our divisions and the regulations that impact EXTREME RA a " r � w you,subscribe to department newsletters and learn more about CAR WASH& 4 0^ the Department's initiatives. • erae Our mission at the Department is:License Efficiently,Regulate r' Fairly.We constantly strive to serve you better so that you can v� serve your customers. Thank you for doing business in Florida, _A •-U • 1118 rovisions of chsap Fs: and congratulations on your new license! ? DETACH HERE 2015 - 2016 BREVARD COUNTY BUSINESS TAX ACCOUNT 171579 NOTICE / RENEWAL THE PERSON(S),OR ENTITY BELOW: Make check payable to: CAR WASH&CREAMERY BREVARD COUNTY TAX COLLECTOR 5590 DATURA ST INSTRUCTIONS ON REVERSE SIDE COCOA,FL 32927 LISA CULLEN,CFC, Brevard County Tax Collector P 0 Box 2500 Titusville,Florida 32781-2500 LOCATION: ,(321)264-6910 or(321)633-2199 7900 N ATLANTIC AV Main Office Location: CAPE CANAVERAL,FL 32920 SUBMIT COPY OF 400 SOUTH ST-6th Floor PROFESSIONAL TITUSVILLE,FL 32780 LICENSE WITH OWNED BY RENEWAL EXTREMERADS,LLC BUSINESS CLASSIFICATIONS,DISCLAIMERS,AND RELATED FEES: 820005 RECEIPT AMT 290102 PERMANENT FOOD SVC WITH SEATS 550100 COIN OPERATED MACHINESNENDQR Receipt Fee 37.00 $ 0 Hazardous Waste Fee 50.00 470070 AUTO DETAILING ,✓ L" 590501 HAZ WASTE GEN.SURCHAR p e V 4 R Zoning Application Fee 0.00 ...-7'.1.--.7... 0 + Budding Occupancy Review Fee 0.00 �.,/ �k l': ;�' fiO t Fire Prevention Fee 0.00 ` Late Penalty 21.75 NSF Fee 0.00 4 , 7,--- It: 2 Transfer Fee 0.00 111 '° `Il • If 114 F I:[ !.l<I ( 1 lANCIL5 14F I I,1 1),PI I A`t (Ail FOI;f l il;l I it It INS1 fiU;110K.`,. 'I If-U , Al I ,:k,Iit N: F` l''t?n(11Arlo F:F'it;Iil,1O1( ,A,Pi)f;IION VIIIiVAN%;1 N1 2015 - 2016 BUSINESS TAX RENEWAL ACCOUNT: 171579 820005 RECEIPT AMT If Paid By Please Pay CAR WASH&CREAMERY 290102 PERMANENT FOOD SVC WITH SEATS (May 31,2016 05108 75 5590 DATURA ST 550100 COIN OPERATED MACHINESNENDORS COCOA,FL 32927 470070 AUTO DETAILING 590501 HAZ WASTE GEN.SURCHARGE SUBMIT COPY OF PROFESSIONAL LICENSE WITH RENEWAL 7 00171579 2016 1 5/25/2016 Print Subject: Car Wash & Creamery From: Business Tax (bustax@brevardtc.com) To: rachel.decamp@yahoo.com; Date: Wednesday, May 25, 2016 10:46 AM Good morning, Attached is a copy of your Business Tax renewal. You may mail a check or go online to www.brevardtc.com/search and pay taxes online then put in your account number. If you have any questions please give me a call at 321-264-6910. Thanks Cheryl Brevard County Business Tax Department P O Box 2500 Titusville, FL 32781-2500 tel: 321-264-6910 fax: 321-264-6792 PLEASE NOTE: Under Florida law (F.S. 119), all e-mails to and from the Tax Collector's Office are maintained as a public record. Your e-mail communications, including your e-mail address, may be released in response to a public record request. Attachments • Car Wash& Creamery.pdf(240.O1KB) i 4 Sys is about:blank 1/1 5/26/2016 Print Subject: Business Tax Receipt#3374 From: Karen Hutchinson (K.Hutchinson@cityofcapecanaveral.org) To: Rachel.decamp@yahoo.com; Date: Thursday, May 26, 2016 11:18 AM Hi Rachel, Business Tax Receipt#3374 for Xreme Car Wash & Creamery was paid for in March 2016 (covering fiscal year of 2015-2016). Please let me know if you have any further questions. Thank you, .^x ., • Karen Hutchinson • Clerical Assistant ki11119111116Z0acitt9101P19000.01111.541 321.868-1222 321.868-1247tmr 110 Polk Avenue.P.O.Box 326 rape Canaveral,FL 32920 It MCI wwwcityofeapecanaveraLorg Launch your connection... _ I 0 Florida has a very broad public records law. As a result, any written communication created or received by the City of Cape Canaveral officials and employees will be made available to the public and/or media upon request, unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email address released in response to a public-records request, do not send electronic email to this entity. Instead, contact our office by phone or in writing Attachments about.blank 1/2 -"".."IN EXTRE-1 OP ID:EM01 ACCORD" CERTIFICATE OF LIABILITY INSURANCE DA05/26/2016TE Mwn ---i THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERS"" JERRY L KAUFMAN Florida Insurance Concepts PHONE FAX Melbourne arc.No.Exec.321-984-1309 per,No):321476-0649 470 S Wickham Road E-MAIL Melbourne FL 32904 ADDRESS:jkaufmanefiinsconcepts.com — HOUSE MELBOURNE INSURERS)AFFORDING COVERAGE NAIC I INSURER A:SOUTHERN OWNERS 10190 INSURED Extremerads,LLC d/b/a INSURER B:MARKEL INSURANCE COMPANY 38970 Xstream Car Wash&Creamery Rachel DeCamp INSURER C: 104 Monroe Ave INSURER D: Cape Canaveral,FL 32920-2911 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD IAIVD POLICY NUMBER (MrNIDD/YYYY) (MMIDOIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE I^I OCCUR X 72306166 03/27/2016 03/27/2017 DAMMISES AGE TG(FA RENTED ooaarenx) $ 300,000 PRE MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY ,RCT n LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: $ AUTOMOBILE LABILITY COMBINED SINGLE LIMIT i (Ea acddenq — A ANY AUTO 72306166 03/2712016 03/27/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X HIRED Autos X PROPERTY DAMAGE i Each Occurance s 1,000,000 UMBRELLA LIAR OCCUR EACH OCCURRENCE _ i l EXCESS UAB CLAIMS-MADE AGGREGATE i DED RETENTIONS $ WORKERS COMPENSATION XOTH- AND EMPLOYERS'uABWTY STATUTE ER N B ANY PROPRIETORIPARTNER/EXECUTNE YEN N/A MWC0077122 03/27/2016 03/27/2017 E.L.EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDED? ' (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 yyeess IPunder OF OPERATIONS bele+, E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N more space Is required) Car Wash&Ice Cream store CERTIFICATE HOLDER CANCELLATION CAPECAN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof CapeCanaveral THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 105 Polk Avenue Cape Canaveral,FL 32920 AUTHORIZED REPRESENTATIVE P4e 4:I'M/WI) ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 5/26/2016 Print Subject: Certificele of Insurance for City of Cape Canaveral • From: Eve Moms (Emorris@flinsconcepts.com) To: rachel.decamp@yahoo.com; Date: Thursday, May 26, 2016 2:29 PM Hello Rachel, I have attached the certificate that you requested with the changes made by an endorsement to Auto Owners. I have submitted the endorsement to Auto Owners and you should receive the actual endorsement in about a week (with the holiday weekend it might be the first week of June) I added The City of Cape Canaveral as an additional insured I added class code 11168 Ice Cream push cart onto your policy based on $7500 in sales and we raised the Products- Completed Operations Aggregate, Person Injury and Advertising Injury and Each Occurrence to $2,000,000. Please let me know if any changes or adjustments need to be made. Have an outstanding day! Eve Moms CSR/Accounting Florida Insurance Concepts 470 S. Wickham Road W. Melbourne, FL 32904 (321) 984-1309 Phone (321) 676-0649 Fax (800) 626-2113 Toll Free emorris@flinsconcepts.com We have 2 locations! Our other location is 1648 SE Port St Lucie Blvd, Port St Lucie, FL Interested in a Home, Auto, Life, Flood or Commercial quote? Click here! Please visit our website https://www.flinsconcepts.com and let us know how we are doing with a review on Google Places or connect with us on facebook http://www.facebook.com/FloridaInsuranceConcepts Please note that you may not rely on email communication to us to report a claim or to give us instructions to place, bind, change or terminate coverage unless we have subsequently confirmed to you in writing that we have received your message and will be taking the action you have requested. Confidentiality Notice: The information contained in this e-mail may be privileged and confidential information and is intended only for the use of the individual and/or entity identified in the address of this message. If the reader of this message is not the intended recipient, or an employee or agent responsible to deliver it to the intended recipient, you are requested not to distribute or copy this about:blank 1/2 512612016 Print communication. If you have received this communication in error,please notify us immediately by telephone or retuin e-mail and delete the original message from your system. Thank you Attachments • EXTRE-199999.pdf(32.42KB) 212 about blank Attachment 3 (13 O Tr WI N HI co I-1 H O (13 iii N Ln In Or_, Ln C S' J 0 M 1... , r w HI a+ .0 5 M m 2 0 C' .� O 41 Y N • E 2 cc -0 .moi .moi o r_iO V ea n3 4.- C I- Q LL 48 O M N O co Ln Lr1 M N O > L( O in N O in 03 rq N ‘-i ,-i ,-i ,-1 in 7 0 00 M N as 6 o Ln (NJ Lf1 i "d ,-1 ,-1O CO ai y▪j > x n3 n • 2 in co Ln 03 O Lr► -p HI HI HI HI HI v 0 F- a a, .1 c a 12 `_' 14- fa faI' co , N O .i.: vD aJ d i ) O C a) o Q, co O ui CC in - _ O ILO s- k▪i I 0 pt u Lnv 0 O N r O 0 U GJ . •L p C N ,., x c a QCU LLI (13 n . C a a0c4-4 0 0 a) < ' 0 '° O c 1,:s_ I. Nmo V .i U D J C7 1 le Attachment 4 PO PO IP PAP 11. + PROPOSAL FOR: rr I. COMMERCIAL BEACH MOBILE CART VENDING SERVICE IP OPERATION FRANCHISE FOOD AND NON-ALCOHOLIC BEVERAGES - RFP #2016-01 (R) M PRESENTED BY: •r H2O HIGH WATERLINE SERVICES, INC. • a Mobile Ice Cream - Bottled Water - Italian Ice Vendor r • io strews, 001010111 � :Vice 1 • Table o *e Statement of Qualifications page 1 0 Preliminary Scope of Services page 2 sob * Operations Schedule page 3 m 0 Cart Appearance page 4 0 Uniform page 5 0 Products and Services Offered page 6 40 40 Experience page 7 '► 0 Employees page 8 0 Permits/Licenses page 9 • X11 Drug-Free Workplace Program page 10 • e • a • 0 40 STATEMENT OF ica QUALIFICATIONS 40A M w r► rn Statement of Q H2O High Waterline Services, Inc. is a pioneer in the commercial beach NMI vending industry in Brevard county and was the 1st vendor to ever receive a Franchise Vending License from the City of Cape Canaveral. In 2009, H2O 00 High Waterline Services,Inc.was exclusively permitted a Public Food Safety NO for Mobile Food Establishments license to sell from a mobile cart on the beach /boardwalks by the Florida Department of Agriculture and Consum- 10 er Services Division. Also acquired was a Brevard County Rolling Vendors POI License which requires a state license from the Florida Department of Agri- culture and Consumer Services; the exclusive regulatory and permitting 0116 authority for any person, business, or corporation engaged in manufactur- N0 ing, processing, packing, housing or preparing food or selling food at wholesale or retail. 00 Our goal is to be the best and most innovative commercial beach vendor in Brevard county providing refreshments to locals and vacationers by our 146 friendly staff. 00 NO 10 1411/ 10 r0 1118/ 110 10 moi► re page 004 014 PRELIMINARY SCOPE OF SERVICES 011 •011Preliminaryo We buy fresh ice cream and Italian ices twice a week from Deconna Ice Cream and Arcs Ice Cream Distributors, Inc. Our custom coolers and grid system are packed with dry ice to keep our products at freezing temperatures for over 7 hours. We offer a cash or credit card payment option for our customers to provide „A a quick and easy transaction. �A ,A We constantly walk the beach to be able to service the entire beach without negatively affecting the peoples view or atmosphere, ensuring their tran- quility. A Our staff are local residents who also provide information such as reputable A restaurants,tourists attractions, hotels/lodging and offer knowledge of our beautiful beach and its wildlife and sea life. A A A 0 A A A A A A A A 0 page 2 a w 006 ■s 014 OPERATIONS it. SCHEDULE N Operatin sSchedule • 11:30am to 5:00pm Monday through Sunday (7 Days a week) "A (May vary on holidays) so s so so so so s so so 1011 gob 0 page 3 m 04 04 Rib 04 01% 04 04 10% 04 04 00 04 04 04 01% CART APPEARANCE 0% 0% •ra 04 0% 0% 000 Cart Appearance _._ - , „,.. _ ,,,,,,,_ . ,,,f „.._,......._ , _ . ik......_ ,.,,d -, t . • r Y 'CI ID TES" , ` . 1 II yr A # . e . 0 I -•i' ibuompsit +mss > _.q' Vi- --j ' `'N',6''..- ,.1:4: ,A lor i i:. : - - I II ‘air %NW: CART SPECIFICATIONS: 46"width / 5' 10" height / 6" length with airplane tires for maneuverability for both high and low tides Page 4 _ m le ove 04 PO NO NO 00 le NO NO 04 011 alb 0411 UNIFORM as is is go is we is is go go is go go is goo ao is 11. •' Uniform �. • • , „of 4, re r 0 " S M � , N44 0 0 0 b b b 0 0 0 0 rA page 5 sip I. smb oft 014, 144 PRODUCTS AND SERVICES it,. OFFERED fie ie se ie se se se .,„ Products Offered 01 01 01 01 01 Mega Ice Cream Sandwich $3.00 Jolly Rancher Snow Cones 01 Choco Tacos 0 �► Strawberry Shortcake 0 Chocolate Eclairs 0 Bomb Pops Orange Cream Bar Creamy Crunch Typhoon Italian Ice Coconut Real Fruit Bars Mango Real Fruit Bars O Bottled Spring Water 12oz $2.00 O 0 S S S • page 6 do w NO NO w oft NO 10 EXPERIENCE Experience mit 4116 oft State and County License to vend on the beach since 2009 rn oft No implications negative complaints, accidents or since the P start of the company in 2009. 0 Vending at local events such as the Cocoa Beach Easter Surf Contest, Cocoa Beach Surf Festival, Thunder on the Beach Boat Races, all space launches, Melbourne Air show, Dayto- • na Beach Spring Break since 2009 0 O O O 0 0 0 0 0 0 0 0 0 0 0 0 S S page 7 S 6 0 0 0 0 0 SIA 0 0 0 0 0 0 PS E m o ees 0. Current Employee: Terry Hayes Passed all city and county drug free workplace policy requirements prior to �A start date. •1 PS se s1 so M M 4 4 so PS 4 M 0 so 4 se 4 4 se 0 4 4 PS PS page 8 le 10 PO Employees NIS 1011 Current Employee: Terry Hayes Passed all city and county drug free workplace policy requirements prior to start date. if 4 el i^ r 644 0100044* Avg,.., rs 1100 / R .+��.wq.,rr• In �,i.,<x.. nty�p.��.x,�:,+Nwy�.si..plWr•ori la. 4 4 4 0 0 0 0 4 O 4 4 O 0 4 page 8 rll me Nor w isie PERMITS/LICENSES • Permits/Licenses '"wo State and County License to vend on the beach since 2009 no se .o No complaints, accidents or negative implications since the a* start of the company in 2009. no no Vending at local events such as the Cocoa Beach Easter Surf Contest, Cocoa Beach Surf Festival, Thunder on the Beach Boat Races, all space launches, Melbourne Air show, Dayto- n* na Beach Spring Break since 2009 •ol► as •fir ne .s le ie se le page 9 rli� MOO ACC''!, !T NO. roa 2015 - 2016 B SUBJECT TT TO COUNTY ZONING RESTRICTIONS D COUNTY BUSINESS TAX 885054914 • TAX RECEIPT SHOULD BE DISPLAYED ON PREMISES 1 HE PERSON(S),OR EN111 Y'BELOW BUSINESS PERIOD: October 01,2015 - September 30,2016 • H2O HIGH WATERLINE SERVICES INC EXPIRES: SEPTEMBER 30,2016 00 3105 SHARON DR MELBOURNE,FL 32904 ISSUED PURSUANT AND SUBJECI TOIL ONIDA STAILUILS AND BRE VAR()COUNTY CODE 1SSI.ANC.F DOES NO101N1itYCOMP!IANUL.Miff CONINGOR01HI.kIAWS 040 BUSINESS TAX RECEIPT IS SUBJECT TO REVOCATION FOR ZONING VIOLATIONS AND OR FAILURE TO MAINTAIN REGULATORY PREREQUISITES AS REQUIRED FOR BUSINESS CLASSIFICATION(S) OR SUBSEQUENt ACI MTIES NOT 1F Y lAX CULLEC ION UPON CL OSING OF BUSINESS A PI:RMII IS REQUIRE D TO ADVERT ISE(Inc ludul wilt1 sIgnagr-)'GONG OUT OF F3DSINL SS LISA CULLEN.CFC.Brevard County Tax Collector :.OGATION P 0 Box 2500.Titusville.Florida 32781-2500 a MOBILE CANTEEN/FOOD WAGON (321)264-6910 or(321)633-2199 ITINERANT LOCATIONS, FL 00000 0010 OWNED BY H2O HIGH WATERLINE SERVICES INC 4 4 BUSINESS CLASSIFICATIONS,DISCLAIMERS,AND RELATED FEES PO EXEMPTIONS. 0.00 530 NO ROADSIDE SETUP-COUNTY 290170 MOBILE CANTEEN/FOOD WAGON 1 820005 RECEIPT AMT 4 4 4 4 4 I. 4 Receipt Fee 37.00 Hazardous Waste Fee 0.00 Zoning Application Fee 0.00 Building Occupancy Review Fee 0.00 110 Fire Prevention Fee 0.00 Late Penalty 9.25 NSF Fee 0.00 4 Transfer Fee 0.00 Paid 218-16-00000667 03/2112016 46.25 • 4 MAIN OFFICE: 400 South St..6th Floor,Titusville FL 32780 BRANCH OFFICES: Merritt Island Office, 1605 N Courtenay Pkwy 4 Melbourne Office, 1515 Sarno Road Palm Bay Office,450 Cogan Or.SE Titusville Office,800 Park Ave. Indian Harbour Beach Office,240 E Eau Gallie Blvd. Viera Office,2725 Judge Fran Jamieson Way,*A108.Viera FL 32940 i r .r • fr r io O O W N N ell..4ert O en el Uv g el V a a F « fp fpo _Y Oil falN 2 . ey wz ..1,:': ': ':', ;,,,, :I . - i, - , „J, , .. .,„, , a ... • .....: „: . to u > 0 %, f''1 - ' . , •-;i: Si W i:g f,. u sift .,:l• v V ,L ,, ... I i.. U , 41101 ;114 „n ..cJ....._...., ) qt; el PL4 1.4I. I s ,, 4' oil g3 cm c.7 60 1 4 Pis e., as ,.., we \''c' WI WIo411 0 Vto Pi g ?A ..71.,', toN WI NI UV 4111 iiii WI el ill el IMI 0 411) `,j, •*tflIVM•ra.'rMa arar�n-,.• •w,y,,sr--..-.......� .....__�� - _ f r Division of Food Safety _ tiI F r1 FOOD SAFETY INSPECTION REPORT 11111111111 111111111111111111111111111111 t_ F.S.Chapter 500 visits 4212-4875-2002-22 .30- Bureau of Food and Meat Inspection 10)245-5520 Anention.Records Section CHARLES H.BRONSONsfit0l�!$ON COMMISSIONER Print Date' May 13,2009 3125 Conner Boulevard,C-26 Tallahassee,Fonda 32399-1650 4111 Firm Nptnber: 42124871100222 0 Firm Name: 1120 011 Date of Visit: May 13,2009 O Firm Location Address: 435 SEABREEZE DRIVE INDIALANTIC,FL 32903 Finn Mailing Address: 435 SEABREEZE DRIVE INDIALANTIC,FL 32903 0 Finn Type/Description: 169 MOBILE VENDOR LIMITED SALES O Firm Owner: EUGENE DAVID PA1TY Owner Code: O OVERALL RATING - GOOD 411. On May 13,2009,H2O was inspected by BRADFORD ADRIAN,a representative of the Florida Department of Agriculture and 0 Conswner Services and the Overall Sanitation Rating was GOOD. O PERMIT APPLICATION INFORMATION Permit Application information was reviewed with management.Permit Application was found to contain information which was 00 deemed to be incorrect or incomplete by the inspector or the person in charge. A new or corrected Permit Application is submitted with this report. O COMMENTS ▪ THIS IS A NEW FIRM. PERMIT APPLICATION IS ENCLOSED.NO VIOLATIONS OBSERVED. WI 1313', AGED IN EH13,3fIL•E.OF PR CKAGED.•IC'E:CRE AMATID BEVlERAOES P.IIOM A MOBILE CARTON iii BEAL•'IC .ARKS=AND • BOAR ' a ':w s , o :,I ';i.33 •R_PERWLIRREMIEUMEOREACEICARILVEMCLE oh THEY SELL• FOO'D•P.RODUCI'PROM, FIRM HAS A COPY OF COMMISSARY LEITER OF AGREEMENT THAT THEY WILL HAVE COMPLETED AND PROVIDES TO INSPECTOR AT NEXT INSPECTION. FIRM HAS ALSO BEEN ADVISED THAT SHOULD FOOD/BEVERAGE SALES EXCEED$15,000 ANNUALLY OR ANTICIPATED SALES ARE TO EXCEED S 15,000 THEY ARE TO CONTACT DEPARTMENT FOR CHANGE OF FIRM TYPE. SHOULD FIRM DECIDE TO SELL SANDWICHES IP OR OTHER PREPACKAGED POTENTIALLY HAZARDOUS FOODS,A CERTIFIED FOOD MANAGER WILL NEED TO BE ▪ PROVIDED. ® PAYMENT INFORMATION 9 Payment Received Yes()No(or Refer to the Comments section for payment explanation. ACKNOWLEDGMENT I acknowledge receipt of a copy of this document,and I further acknowledge that 1 have verified the location and mailing addresses on the first page of this document are correct,or 1 have written the correct information on the first is document. (Signature of DACS Representative) (Signature of-Person u1 C arge �j DRADFORD ADRIAN,SANITATION AND SAFETY SPECIALIST - J(✓ JV (Please print name and title) 0 0 Vayt l . • 'ACS 14205 Rev. I0/96 Page I oft FISnxmi rMw Firm • `- ... ., ' 4..•�.J;r•- ':��ht�' �ri�a� w� rF ... ..+.t' i:_. ! ..w u,{-• .. ..wr- " Florida Department of Agriculture and Consumer Services *;i/. .+ - Division of Food Safety 1110 • ANNUAL FOOD PERMIT APPLICATION 1IUI�UURUIUIII�U • _ ,9Visitrt 74711.41324001-95 lee i=x:z = F.S.Chapter 500 Bureau of Food and Mea Inspection id' CHARLES II.BRONSON (850)245-5520 Attention:Records Section cOMMIR61ONER 3125 Comer Boulevard,C-26 Print Date: May 26,2010 Tallahassee,Florida 32399-1650 Note: Inspection by the Department is required prior to submission of this application. The Department of Agriculture and Consumer Services is the exclusive regulatory and permuting authority for any person,business or • corporation engaged in manufacturing,processing,packing,holding or preparingg food or selling food at wholesale or retail.For purposes of this application,food is considered to include,but is not limited to,all prepackaged grocery items,prepared foods,packaged ice,bottled or vended water,candy and other snack foods,soda,infant formula,vitamin and mineral dietary supplements. 110 _ INFORMATION ABOUT THE LOCATION TO BE PERMITTED Firm Number 74784119300195 Firm Type 169 Territory 902 Established Date 0526/2010 () Renewalikriew Business ()Corrected Information ()Other 40 Business Name H2O HIGH WATERLINE SERVICES INC#008 County BREVARD Type Description MOBILE VENDOR LIMITED SALES Location Address 435 SEABREEZE DRIVE Iry City/State/Zip 1NDIALANTIC,FL 32903 O Phone Number (321)914-2747 Ext. O Directions LU'S BLUES IN iNDIA'LANT1C,FL IS THE COMMISSARY FOR PUSH CART. di Do you manufacture and package ice or bottle water for sale?( )Yes No.If Yes:The following information must be submitted with the application:1.Indicate source(s)of water used. 2.Indicate any 1 provided to the ice prior to packaging. 0 0 INFORMATION ABOUT THE OWNER O O Name of Owner 1120 HIGH WATERLINE SERVICES INC 1 008 ak Business Type CORPORATION 117 Phone Number (321)914-2747 Ext. 0 Mailing Address 435 SEABREEZE DRIVE City/State/Zip INDIALANT1C,FL 32903 E-Mail TKRAMER2009@HOTMAI ICOM 'Federal Employers ID#(FEIN) 36-4671146 ®Sales Tax# -9-999999-99 ▪ This application must be signed by the applicant. owner or chief executive of the applicant, without the need for witnesses. If a GO corporation is in the hands of a receiver or trustee, this application shall be executed on behalf of the corporation by the receiver or et trustee.l certify that 1 am empowered to execute this application as required by Chapter 500,Florida Statutes. 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The City hereby engages the Vendor and the Vendor agrees to perform the Services outlined in EXHIBIT "A" for the stated fee arrangement and consistent with the terms and conditions of this Agreement and the City's RFP, which is on file at City Hall and incorporated herein as a material part of this Agreement. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 1.2 Due Diligence. The Vendor acknowledges that it has conducted an investigation prior to execution of this Agreement and satisfied itself as to the conditions affecting the Services,the availability of materials and labor,the cost thereof,the requirements to obtain necessary insurance as set forth herein, and the steps necessary to complete the Services herein. The Vendor warrants unto the City that it has the • competence and abilities to carefully and faithfully complete the Services set forth herein. The Vendor shall perform the Services with due and reasonable diligence consistent with sound professional practices 41m AD Page 1 of 7 4 PRI 4 4 and all applicable requirements of law, including, but not limited to section 54-5 of the Cape Canaveral City Code,as may be amended. 1110 13 Consultants Competitive Negotiation Act Services. The Vendor warrants unto the City PIO that the services being performed pursuant to this Agreement do not constitute professional services as defined by section 287.055,Florida Statutes. 4 1.4 Effective Date. This Agreement shall become effective upon full execution by both parties hereto("Effective Date"). ARTICLE 2 4 FRANCHISE FEE PIO 4 2.1 Franchise Fee. The annual Franchise Fee for Vendor's right to operate under this Agreement shall be Five Hundred and no/100 Dollars ($500.00) per beach vending cart/apparatus. The franchise fee shall be payable to the City and shall be due and owing upon the Effective Date of this Agreement and upon the Effective Date of any renewal term exercised hereunder. Vendor shall not be authorized to conduct beach vending activities under this Agreement until said franchise fee is paid in full to the City. 11. ARTICLE 3 GENERAL CONDITIONS OF SERVICES 4 3.1 Provision of Services is a Private Undertaking. With regard to any and all Services performed hereunder, it is specifically understood and agreed by and between the parties hereto that the 114) contractual relationship between the City and the Vendor is such that the Vendor is not an agent of the City. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor between the City and the Vendor during or after the performance of the Services under this Agreement. 3.2 Warranty of Services. The Vendor hereby warrants unto the City that it has sufficient experience to properly complete the Services specified herein or as may be performed pursuant to this Agreement. The Vendor shall comply with all laws,ordinances,rules and regulations in the performance 100 of the Services. The Vendor shall pay all taxes, fees and license fees required by law, including but not limited to occupational fees and withholding taxes and assume all costs incident to the Services,except as provided herein. 4 0 ARTICLE 4 SUBCONTRACTS;ASSIGNMENT le 4.1 Assignment and Subcontracting. The Vendor shall not assign, sublet or transfer any rights or Services under or interest in (including, but without limitations, moneys that may become due) this Agreement without the prior, written consent of the City, except to the extent that any assignment, sublet, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless 0 Page 2 of 7 4 4 NO specifically stated to the contrary in any written consent to any assignment,no assignment shall release or discharge the assignor from any duty or responsibility under this Agreement. Further, the Vendor shall 11110 not subcontract any portion or all of the Services without the prior, written consent of the City. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the City and the Vendor, and all duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive benefit of the City and the Vendor and not for the benefit of any other Ply. ARTICLE 5 MISCELLANEOUS PROVISIONS 0 5.1 Governing Law: Venue. The law of the State of Florida shall govern this Agreement. Venue of all disputes shall be properly placed in Brevard County, Florida. The parties agree that the 110 Agreement was consummated in Brevard County, and the site of the Services is Brevard County. If any dispute concerning this Contract arises under Federal law,the venue shall be Orlando,Florida. 0 0 5.2 Notices. All notices, demands, requests, instructions, approvals, and claims shall be in writing. All notices of any type hereunder shall be given by U.S. mail or by hand delivery to an individual authorized to receive mail for the below listed individuals, all to the following individuals at the following locations: 110 TO THE CITY: City of Cape Canaveral Attn:City Manager 105 Polk Avenue Cape Canaveral,FL 32920 (321)868-1230(Phone) (321)868-1248(Fax) TO THE VENDOR: Name: #20 Ah& ii e-Wwe —s, Address: 14s— $ 9/s.6r-,ze- „7,iA0,,6avrc,ML 3P9o3 40 Telephone: I:32/ .5119—/&2.fL Fax: " n A- 1 =�p.c ilkrx€r2eo9( i,�,,z,cee Notice shall be deemed to have been given and received on the date the notice is physically received if given by hand delivery, or if notice is given by first class U.S. Mail, then notice shall be deemed to have been given upon the date said notice was deposited in the U.S. Mail addressed in the manner set forth 40 above. Any party hereto by giving notice in the manner set forth herein may unilaterally change the name 41 of the person to whom notice is to be given or the address at which notice is to be received. 00 5.3 Public Record. It is hereby specifically agreed that any record, document,computerized 40 information and program,audio or video tape,photograph,or other writing of the Vendor related,directly or indirectly, to this Agreement, may be deemed to be a Public Record whether in the possession or 4 41 Page 3 of 7 e 4 NO control of the City or the Vendor. Said record, document, computerized information and program, audio NO or video tape, photograph or other writing of the Vendor is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City. Upon request by the City, the Vendor shall promptly supply copies of said public records to the City. All NO books, cards, registers, receipts, documents and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Vendor be open and freely exhibited to the City for the purpose of examination and/or audit. 4 5.4 Amendment of Agreement. Modifications or changes in this Agreement must be in Fla writing and executed by the parties bound to this Agreement. 101 4 5.5 Severability. If• a word, sentence or paragraph herein shall be declared illegal, unenforceable or unconstitutional, the said word, sentence or paragraph shall be severed from this 011 Contract, and this Contract shall be read as if said illegal, unenforceable or unconstitutional word, sentence or paragraph did not exist. 100 4 5.6 Attorney's Fees. Should any litigation arise concerning this Agreement between the parties hereto,the parties agree to bear their own costs and attorney's fees. 5.7 Entire Agreement. This Agreement represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations or Agreements, either oral or 4 written,and all such matters shall be deemed merged into this Agreement. 4 4 5.8 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes or other limitations imposed on the City's potential liability under state or federal law. As such, Vendor agrees that 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 one hundred thousand dollars($100,000.00),or any claim or judgment,or portion thereof,which,when totaled with all 110 other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence,exceeds the sum of two hundred thousand dollars($200,000.00). 4 ARTICLE 6 PROTECTION OF PERSONS AND PROPERTY:INSURANCE 6.1 Worker's Compensation. Upon the effective date of this Agreement, Vendor shall ( provide proof of worker's compensation insurance in the minimum amount required by law. 6.2 Insurance Requirements. Upon award, the Vendor shall be required to obtain and • furnish to the City, prior to the contract being effective, Certificates of Insurance approved by the City. All insurance policies shall be with insurers with an acceptable rating, registered and licensed to do business in the State of Florida. The Vendor shall be required to name the City as an additional named 9 insured with the following minimum coverages: Page 4 of 7 0 PO 00 PO a. Workers' Compensation: If applicable, shall be maintained by the Vendor for all employees engaged in the work in accordance with the laws of the State of Florida. Employers liability insurance shall be maintained by the Vendor at limits no less than the following: $100,000 Each Accident $100,000 Disease Each Employee $500,000 Disease Aggregate 141 b. Comprehensive General Liability Insurance: Shall be maintained by the Vendor with minimum limits not less than the following: 111. $1,000,000 Bodily Injury and Property Damage—each occurrence $1,000,000 Personal and Advertising Injury—each occurrence $2,000,000 General Aggregate $2,000,000 Products/Completed Operations Aggregated Limit $ 5,000 Medical Payment M $ 100,000 Fire Damage Legal Liability Coverage shall include contractual liability and Vendor's liability. c. Automobile Liability Insurance: Shall be maintained by the Vendor with a combined single limit of not less than $1,000,000 bodily injury and property damage in accordance with the laws 14/ of the State of Florida,as to the ownership, maintenance and use of all owned, non-owned,leased or hired vehicles. 116 6.3 Reauirements. The insurance required by this Article shall include the liability and coverage provided herein,or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained for the certificates(or other evidence 141 thereof) shall contain a provision or endorsement that the coverage afforded shall not be canceled, /41 materially changed or renewal refused until at least thirty(30)days'prior written notice has been given to 141 effect City and the Vendor by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. Unless agreed to by the City to the contrary, the City shall be named on the foregoing insurance policies as "additional insured". The Vendor shall cause its insurance carriers to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies shall be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this 110 Agreement. For all Services performed pursuant to this Agreement, the Vendor shall continuously 140 maintain such insurance as required by Sections 6.1, 6.2, and 6.3. In the event Vendor fails to maintain said insurance,City,at its option,may elect to terminate this Agreement by written notice to Vendor. 0 6.4 Indemnification and Hold Harmless. For all Services performed pursuant to this 141 Agreement, the Vendor agrees to the fullest extent permitted by law, to indemnify and hold harmless the 110 City and its employees, officers, and attorneys from and against all claims, losses, damages, personal injuries(including but not limited to death), or liability(including reasonable attorney's fees), directly or indirectly arising from the negligent acts, errors, omissions, intentional or otherwise, arising out of or 14/ resulting from Vendor's performance of any Services provided pursuant to this Agreement. The indemnification provided above shall obligate the Vendor to defend at his/her own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability 4 Page 5 of 7 0 0 le 4 4 Ifs and all suits and actions of every name and description that may be brought against the City or its 011 employees, officers and attorneys which may result from the Services under this Agreement whether the Services be performed by the Vendor or anyone directly or indirectly employed by them. In all events, the City shall be permitted to choose legal counsel of its sole choice, the fees for which shall be reasonable and subject to and included with this indemnification provided herein. This paragraph 6.4 shall survive termination of this Agreement. 10 6.5 Standard of Care. In performing its Services hereunder, the Vendor shall use that degree of care and skill ordinarily exercised, under similar circumstances by reputable persons providing 1110 the same or similar services. 4 6.6 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level or quality of performance shall not act as a waiver of the City's right to later claim a failure to 100 perform on the part of the Vendor. ARTICLE 7 TERMINATION OF THE CONTRACT 4 7.1 Termination by City. The City may terminate this Agreement with five(5)days written notice to Vendor. Such termination shall be at City's sole discretion. 4 141 7.2 Termination by Vendor. With at least five (5) days written notice to the City, Vendor may terminate this Agreement if the City fails to comply with the terms and conditions of this Agreement. 7.3 Termination by Consent. This Agreement may be terminated by the mutual written consent of both parties at any time,and without penalty. f# 7.4 Upon Termination. Upon termination, the Vendor shall cease all Services being le provided hereunder. ARTICLE 8 TERM OF AGREEMENT 8.1 Term. The term of this Agreement shall be one (I) year, commencing on the Effective Date. The parties hereto shall have two (2) options to extend the term of this Agreement for additional one-year terms. Any such extension shall be evidenced in a written addendum to this Agreement 4 executed by both parties hereto. 4 ARTICLE 9 CONFLICTS 4 9.1 Conflicts. In the event that a conflict arises as to the contents of this Agreement and the RFP,this Agreement shall govern. 1110 IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed as of the 10 date first written above. 4 4 Page 6 of 7 e 0 I, 0 4 10 CITY: 4 CITY OF CAPE CANAVERAL,FLORIDA ATTEST: 4 C—`1)c ( 41.r David L. Greene,City Manager 0 4 Title: Deputy City Clerk Date: 08/18/2011 0 4 0 VENDOR: 4 WITNESS: 4 4/41-futext - - 4 �� Title: �f'�°t^�/P lrrr� /PG/(// Print Name: ` "/10 Date: c3/ / STATE OF FLORIDA COUNTY OF BREVARD w The foregoing instrument was acknowledged before me this 5/S/ day of 491051 , 201/ , * by �rGcaacr , who executed the foregoing instrument and * acknowledged before me that he/she executed the same for the uses 3ad purposes therein expressed and who is personally known to me or who has produced 145,,12,5, ;.0.-1C as identification and who did take an oath. 1 ._ 0 Q � 4 ,t 4 (NOTARY SEAL) No Public igna ` „Oi"% MIA GOFOPTH • t' Notary Public•State of Flmlda ' �, : i My Comm'atm s May 16,2013 ` Typed or Printed Notary Name:/4/1Go/c0,6-,/ Commi #0765/ O 653695 Bonded Tl fa*National Molerp Atsn. 0 0 4 Page7of7 rib I' w 141 • w 0 w 0 w w w w w 4 w DRUG - FREE WORKPLACE • • PROGRAM i A A •• • 1 • • • s r • • 00 Drug-Free Workplace Program 's Drug-Free Workplace Program Form (see attached) sese • A Ase se se • • • • • • • • • • • • se • • • • • page 10 A M 4 DRUG-FREE WORKPLACE PROGRAM RFP#2015-01 M! • To be considered for a Contract for this RFP, each Proposer must have a Drug-Free Workplace Program in-place. In order to have a drug-free workplace program, a Proposer shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing or possession of a controlled substance is prohibited in the workplace and specifying the actions that shall be taken against employees for violations of such 10 prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the Proposer's P policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services a copy of the statement specified in subsection (1)above. 4. In the statement specified in subsection (I) above, notify the employees that, as a condition of working on the commodities or contractual services, the employee shall abide by the terms of the statement and shall notify the employer of any conviction of, or 01111 plea of guilty or nob contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5)days after such conviction. 10 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. 45 As the person authorized to sign the statement, I certify that this Proposer complies fully with the above requir- ents. • Pr..ose�'ign Name of Comiany 1 , 5 Proposer Printed Name I 0 0 0 0 S S 4 me me me me me we me me �!1 410 me MISC . LETTERS/ me • me FORMS http://www.floridatoday.com/article/20100922/NEWS01/9220332/1006/Cape Canaveral ... Page 1 le4 11! 4 Roberts said the residents she talked to 110 don't think having vendors on the beach is a good O idea. OP 'They are very,very concerned about this,"she said. "The concern is very local." OP Council member Betty Walsh said she went on the CAPE CANAVERAL—Dave Patty remains at odds beach and found that most beachgoers she talked to with the city about • .,ice cream and water on were in favor of ice cream and water sales on the the beach–at least for now. sand. OP 4 The City : • asked city staff Tuesday night "It's well accepted,"she said."It's interesting how I to work on wording that could lead to the issue heard a little bit different." being placed before voters in a referendum. 4 The council had been set to consider an ordinance Petsos said he had calls both in favor and against. to allow beach vending. He said he was concerned the franchise categories 11, were not spelled out in the ordinance. He "All I wanted them to do is give me an occupational questioned how many vendors would be allowed in license,"Patty said after the decision."I didn't want each category. to start all this." Council members said they were simply going by For about two years, Patty has been selling ice what they heard from residents,but they cream sandwiches,snow cones,ice pops,fruit bars acknowledged it was not a large sampling of people_ 111 and bottled water along some stretches of beaches Randels said he spoke to 13 people on the beach • in Brevard County,including about the issue. He sells the treats from dry ice-packed coolers that When the city was incorporated in 1963,the state sit in a PVC-framed pushcart he rolls on the sand on Legislature granted it jurisdiction over the beach. In balloon tires.From the cart he plays music typically addition,city ordinance prohibits vending after 110 heard from neighborhood ice cream t . problems occurred due to too many solicitors on the beach in the 1980s. He says people know he is coming because of the music.They gather at his cart for a treat. Council member Bob Hoog said he believes the ice cream and bottled-water sales on the beach is a However,Patty has been cited and told that he is good service in the c selling on the beach illegally. He started the part- time , after his pool building business dried up Longtime resident Jim Houston said allowing other on the beach would not sit well with OP But Mayor Rocky Randels said he thinks allowing him, but a single ice cream vendor with a small cart vendors on the beach would change the city's should be no problem. le character. "I like the idea of the rolling ice cream cart,"he said. "I'm not a supporter of this,"he said. "What problem That fits with out beach,our tone,our are we really trying to solve?" environment." No vote was taken,but Randels,Mayor Pro Tem Buzz Contact Moody at 242-3651or 4 Petsos and council member Shannon Roberts i • ndicated they wanted the issue to go to referendum. "You're making a mountain out of a molehill," resident Rhonda Anderson said."You haven't looked at what this man has." 4 le le 00 http://wwwv.floridatoday.corn/fdcp/?1285193155912 9/22/2010 rtA 01. NO MO DIVISION OF HOTELS AND RESTAURANTS meme GUIDE TO me MOBILE FOOD DISPENSING VEHICLES (MFDVS) me me me 100 MOBILE FOOD DISPENSING VEHICLES(MFDVs) A Mobile Food Dispensing Vehicle(MFDV) is classified as a vehicle-mounted public 01, food service establishment that is self-propelled or otherwise movable from place to place. me Oe Self-sufficient MFDVs are defined as those having, as part of the vehicle, a three-compartment sink for washing, rinsing and sanitizing equipment and le utensils;a separate hand-wash sink;adequate refrigeration and storage capaci- We ty; full provision of power utilities including electrical, LP-gas, or a portable we power generation unit;a potable water holding tank;and a liquid waste dispos- rne al system in accordance with Subparts 5-3 and 5-4 of the Food Code. If an MFDV is self-sufficient, it is not required to use or report to a commissary. Self-sufficient MFDVs must still obtain potable water from an approved source and dispose of wastewater at an approved location. 00 se is I. is Page 1 of 3 0 Mike Anderson From: "Laura Naughton"<Iaura.milton@brevardpropertyappraiser.com> To: <manderson130@cfl.rr.com> Cc: "Debbie Lockhart"<debbie.lockhart@brevardpropertyappraiser.com>; "Shelly Gardner" <shelly.gardner@brevardpropertyappraiser.com>;"Brian Rasche" <brian.rasche@brevardpropertyappraiser.com> • Sent: Thursday,August 12,2010 9:23 AM Subject: Fw: Message for Appraiser(Mean high water mark to Ocean's edge inquiry) • Good morning Mr.Anderson, - Thank you for contacting this office using our internet web-site. In your l4 e-mail below you asked who owns the part of the beach from the"mean high water mark" east to the ocean's edge. The"mean high water mark" is the point on the shore which the average high tide will reach. This part of the beach,as well as,the rest of the beach and the ocean is owned by the"State of Florida"and the controlling authority being the "Board of Trustees of the Internal Improvement Trust Fund of the State of Florida" (our office shortens their name to THTF.) We received documents in this office called"Sovereignty Submerged Land Aquaculture Leases"where the said Board (TIITF)leases submerged lands in Brevard County to individuals,companies who want to dredge out in the Ob ocean,or go clamming in the rivers,etc. In my experience I've never seen TIITF lease any part of the beach from the mean high water mark east to the ocean's edge. 4 Please note that there may be more details concerning this part of the beach you are inquiring about,however,the information I'm providing you about the beach and the ocean is limited to what concerns this office. Contacting a real estate attorney may help give you more details on this matter. The submerged land leases we receive in this office have contact information that may be of help to you,The contacts are as follows: Bureau of Public Land Administration 3900 Commonwealth Blvd Mail station No. 125 Tallahassee,Florida 32399 or FDACS,Division of Aquaculture 1203 Governors Square Blvd 5th floor Mail Station GS-47 Tallahassee,Florida 32301 I hope this information is helpful. If you need to contact me please call 8/12/2010 • -- - - 0 0 BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. Attorncyr at Law A Debra S.Babb-Nutcher° Offices in Orlando, Tan L.Barrett Joseph E.Butch Ft.Lauderdale&Tampa Vivian P.Cocotas Usher L Brown' Robin Gibson Drage Suzanne D'AgreSla° Gregg A.Johnson Anthony A.Garganese° Katherine W.Latorre° William E Reischmann,Jr. Bridgette M.Littler J.W.Taylor Alfred Truesdell Jeffrey S.Weiss Lynn M.Voids Gary M.Glassman 'Board Certified Civil Tdel Lawyer Erin J.O'Leary' 'Board Canned City.County 4 Local Goverment Law Amy J.Pitsch 'Board Certified Appelate Practice Catherine D.Relschmann° Of Counsel I I A September 2,2009 Via Email Only Mayor Randels and Members of the City Council do Bennett Boucher,City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral,FL 32920 Re: Commercial Solicitation on Beach A A Dear Mayor Randels and Members of the City Council: A This letter is provided as a follow up to my report during last night's City Council meeting regarding whether the City can enforce its ordinance banning commercial solicitation(City Code§ • A 54-4)on the beach against a mobile vendor operating on the wet sand areas of the beach in Cape Canaveral. The mobile vendor has presented a limited annual sales certification from the Department of Agriculture and Consumer Services and a Brevard County business tax receipt for a rolling vendor in support of his right to operate on the wet sand. i Executive Summary In short,while the City can enforce its ordinances on the dry sand areas of its beaches,the I wet sand areas located below the mean high water line are outside the City's enforcement jurisdiction because they are sovereign submerged state lands. While state laws also clearly prohibit mobile vending on state lands,the enforcement mechanism for the state laws remains attenuated. 111 N.Orange Ave.Suite 2000•P.O.Box 2873.Orlando,Florida 32802-2873 • Orlando(407)425-9586 Fax(407)425.9596•Kissimmee(3221)402-0144•Cocoa (866)425-9566•FL Lauderdale(854)670-1979 Website www.oriandolaw.net•Email:firm©oriandoiaw.net 0111 A I I e STATE AGENCIES RP RP RP 1. Lisa L. Prather Environmental Manager Sumerges Lands Environmental Resource Permitting 2. Jimmy Wright OMC Manager Division of State Land's Florida Department of Environmental Protection 3. Timothy Rach Environmental Administrator Office of Sumerges Land's&Envirnmental Resources le 4. Brevard County Sheriffs Dept. Lt.Mike DeMorat 5. Florida Attorney General Advisory Legal Opinion le AGO 75-84 6. Board of Trustee's of the Internal Improvement Trust Fund of the State of Florida e e e e o 0 O O O 0 O 0 S O S S Page Iof3 a.int Date Wednesday,June 18,2014 8.49 AM From: Wright.James E.<James E.Wnghtidep.state/10 fl.us> To: mendersun130rgctl rr.corn<manderson130gcfl.rr.corn, Subject. FW:Vender Brevard County Beaches mean high waterline Hi Dave, I spoke with Lisa in the district office and she forwarded me the correspondence in 2009 stating that you were not required to have authorization to sell below the shoreline.Let me know if this is adequate fix your situation. Thank you. Jimmy From:Prather,Lisa Sent:Tuesday,June 17 2014 5:45 PM To:Wright.James E. Subject:RE:Vender Brevard County Beaches mean high waterline Oh yes I remember..we worked with Eugene Paddy in 2009 that wanted to sell ice cream on the beach we determined that no authorization was required. Here are some emails Let me know what else you need. LP From:Wright,James E. lle Sent:Tuesday,June 17,2014 5:33 PM To:Prather,Lisa Subject:FW:Vender Brevard County Beaches mean high waterline le Hi Lisa, I have been discussing the authority of the local law enforcement to enforce laws on the Brevard County beach with a gentleman that sells ice cream below the shoreline.He sent me the attached correspondence and wanted a letter from me that says we haven't issued any such authority to the local law enforcement.He mentioned that he has spoken to you a few years ago.but did not have anything in writing Is there a chance you may remember this gentleman and could discuss his request? I appreciate your help, Jimmy Wright.OMC Manager le Division of State Lands Florida Department of Environmental Protection 3900 Commonwealth Boulevard,MS 125 le Tallahassee,FL 32399 James.E Wriyhttdep state flus le 0350)245-2731 le From:Pakmail(nreitto:PakMail702iabeHsouth.net) Sent:Wednesday,June 04,2014 1:00 PM �1' To:Wright,James E Cc:maiderson1306cfl.rr.com Subject:Vender Brevard County Beaches mean high waterline Please see attached on behalf of Mike Anderson: Amy and Nora Pak Mail 8501 Astronaut Blvd Suite 5 Cape Canaveral,Fl 32920 Ph:321-799-9905 Fax.321-799-9956 fit Customer Service Survey --Forwarded Message--- Date: Wednesday.September 16 2009 11:21 AM From: Michael DeMorat<michael.demorat(gbeso us> To Prather,Lisa<Lisa.Prather@dep state.8 us> cc: Bennett Boucher(E-mail)<boucher-cape@cfl.rr corn>,Alan Maros<alan.moros@bcso.us> Subject: Commercial Solicitation on Beach e Lisa, rhe below attachment from the City of Cape Canaveral Attorney is in follow-up to our telephone conversation today regarding commercial solicitation on the beach. specifically mobile ice cream and water sales below the mean high water line. I appreciate the input you provided as manager of the state of Florida's Submerged Lands permitting section. As discussed,please use this document to re-visit the issue with your agency's legal counsel since their current opinion allows Mr Patty le to conduct his business below the mean high water line without any additional permitting or requirements Thanks again and please e-mail or call me at(321)403-5755 when the review is complete or if you have any additional information Lt.Mike DeMorat •S http://webmail.cfl.rr.com/do/mail/message/preview?mslld=INBOXDF.I,1MAR111 Ay12 3111^ • RP Page 2 of 3 RIO <<Commercial Beach Soliatation pdf>> (9 Commercial Beach Solicitation pdf Forwarded Message-- Date: Tuesday.August 18.2009 4.45 PM From Rath.Timothy<Tirnothy.Rach@dep.state fl us> Macleod,Steven To <IMCEAEX-_O=FLORIDADEP_OU=FIRST*20ADMINISTRATIVE*20GROUP_CN=RECIPIENTS CN=STEVEN-i2EMACLEOD@namprd09.prod outlook.com>, lel Prather,Lisa<Lisa.Prather@dep.state.fl us> cc Seeling, Martin<Martin.Seeling@dep.state.fl.us> Subject: RE:Selling Ice Cream on the beach No This is just for this specific situation From:MacLeod.Steven Sent:Tuesday,August 18,2009 2 13 PM Lu:Ruch,Timothy;Prather,Lisa Cc:Seeling.Martin 11,1 Subject:RE Selling Ice Cream on the beach Thanks Tint. L)oes this represent a broader determination that conducting commercial activities on or over SSL does not require authorization as long as no lived stmctrues are involved tr e some could sell ice cream from a temporanly anchored boat in the Indian River Lagoon without SSL authorization) ip StevenrMacLeod Ernarunmcnlal Manager DeJwrlmenl ofP'nvtranrnenml Protection Hureau of Beaches and('oastul System, 3900('ommonn'eahh H/vd.Mail Station 3111 lallahacsee./'!onto 3 23 99-3000 Phone:(1505 J1J-'806 Pies iXifl)414-"25 le+ From:Rach,Timothy Sent:Tuesday,August 18,2009 1)3 PM rn:('rather.Lisa,MacLeod,Steven Subject:Re•Selling Ice('ream cm the heath Bud talked with this person this morning He told them no they did riot treed art auihonzation. Timothy Rach Environmental l duum strat or Office of Submerged Lands&Environinental Resources Office phone (8501245-8015 From.Prather.1 isa • eTo• MacLeod,Steven.Rach,Timothy �+ Sent:Tue Aug 18 1149•19 2009 Subject.Selling Ice Cream on the beach Sieve/Tim-1 received a phone call yesterday afternoon from Eugene Paddy. Eugene and his wile are starting a business where they will be selling ice cream and water horn a push • cart on the beach. They will be walking along the waters edge(below the MHWL)and hand pushing the cart. They will be accessing the beach from public areas and there is no • permanent structures They would like to know d they need any special authonzation to be conducting this activity on SSL �r Thoughts? �" Lisa L. Prather Environmental Manager Submerged Lands and Environmental Resource Permitting 3319 Maguire Blvd. Suite 232 Orlando, FL 32803 (487) 893-7869 • fax (407) 893-3075 • —Forwarded Message--- Date: Tuesday.August 18,2009 2:43 PM • From MacLeod,Steven <IMCEAEX-_O=FLORIDADEP OU=FIRST*20ADMtNISTRATIVE*2OGROUP CN=RECIPIENTS CN=STEVEN*2EMACLEOD@namprd09.prod outlook.com> ro Rach,Timothy<Timothy Rach@dep state.B.us>.Prather.Lisa<Lisa Prather@depstate fl us> Cc• Seeling,Martin<Martin.Seeting@dep.state.fl.us> • Subject. RE:Selling Ice Cream on Inc beach rhallks Tim, Does this represent a broader detennmahon that conducting commercial activities on or over SSL does not require authonzetion as long as no liked structures are involved some could sell ice cream from a temporanly anchored boat in the Indian River Lagoon without SSI authorization) 11 410 • http://webmaii.cfl.rr.com/do/mail/message/preview?msgld- F. lNROXnLfMdRt t;• Q hp.) Page 3 of 3 PIP 11110 Steven.MacLeod Environmental Alangger 1)eparnne:nr rtj l_'nvironmenral Prontsao r Bureau n/Beac he c and('ixrsurl Systems 391)0 Commonwealth Blvd,.Mail Station 300 7allaha ire,!gouda 32399-3000 IP ('hone.(k50)41I-'k06 hrtc.1x30))1i-'723 0 From:Rach,Timothy Sent:Tuesday,August 18,2009 133 PM To:Prather,Lisa.MacLeod.Steven Pie Subject:Re'Selling Ice Cream on the beach Bud talked with this person this morning lie told them no they did not need an authonration le Timothy Rach Environmental Administrator Office of Submerged Lands&Environmental Resources 011 Office phone (850)2454015 From Prather,Lisa To'MacLeod,Steven;Rach,Timothy Sent.Tue Aug 18 12.49 19 2009 le Subject.Selling lee Cream nn the beach Steve/Tim-I received a phone call yesterday afternoon from Eugene Paddy. Eugene and his wile are starting a business where they will be selling ice cream and water from a push cart on the beach. They will be walking along the waters edge(below the MHWL)and hand pushing the cart They will be accessing tie beach from public areas and there is no permanent structures They would like to know if they need any special authorization to be conducting this activity on SSL. Thoughts? Lisa L. Prather Environmental Manager Submerged Lands and Environmental Resource Permitting le 3319 Maguire Blvd. Suite 232 Orlando, FL 32803 (407) 893-7869 fax (407) 893-3075 le ---Forwarded Message--- Date. Wednesday,September 16 2009 11:21 AM From. Michael DeMorat<miccael dem rat@bcso.us> to. Prather,Lisa<Lisa Prather@dep.state.B.us> Cc. Bennett Boucher(E-mail)<boucher-cape@cfl.rr.corn>,Alan Moros<alan.moros@bcso.us> Subject Commercial Solicitation on Beach Lisa, The below attachment from the City of Cape Canaveral Attorney is in follow-up to our telephone conversation today regarding commercial solicitation on the beach, specifically mobile ice cream and water sales below the mean high water line. I appreciate the input you provided as manager of the state of Flonda's Submerged Lands permitting section As discussed,please use this document to re-visit the issue with your agency's legal counsel since their current opinion allows Mr Patty to conduct his business below the mean high water line without any additional permitting or requirements Thanks again and please e-mail or call me at(321)403-5755 when the review is complete or if you have any additional information. Lt.Mike DeMorat + «Commercial Beach Solicitation.pdf» �d Commercial Beach Solicitation pdt e • e e e e e e e e ® http://webmail_cfl.rr.com/do/mailimessage/preview?msgld—INBOX DEL IM48113 6/18/2014 Inmate Release Information Detail Attachment 5 Page 1 of 2 Florida Department of Corrections F,Jpm�I About Ut I Contact Us Julie L. Jones, Secretary a' r a Rick Scott,Governor 1st*0 Home Institutions Community Corrections Re-Entry Explore DC Offender Search Corrections Offender Network IInmate Release Information Detail (This information was current as of 4/17/2013) DC Number: 699210 Name: PATTY, EUGENE D P Race: WHITE Sex: MALE Hair Color: BROWN Eye Color: BLUE Height: 5'07" Weight: 162 lbs. Birth Date: 10/25/1956 Custody: MINIMUM Release Date: 04/17/2013 Stated Residence Upon Release: 3105 SHARON DRIVE MELBOURNE,FL 32904 32904 Aliases: DAVID EUGENE PATTY EUGENE PATTY EUGENE D PATTY EUGENE DAVID PATTY Current Prison Sentence History: Offense Date Offense Sentence Date County Case No. Prison Sentence Length 02/19/2009 MARIJUANA-SALE/MANUF/DEL 02/06/2012 BREVARD 0922086 1Y 5M OD 02/19/2009 MARIJUANA-SALE/MANUF/DEL 02/06/2012 BREVARD 0922086 1Y 5M OD 11/15/2011 MARIJUANA-SALE/MANUF/DEL 02/06/2012 BREVARD 1156708 1Y 5M OD 11/15/2011 POSS.MARIJUANA OVR 20 GRAMS 02/06/2012 BREVARD 1156708 1Y 5M OD Note:The offense descriptions are truncated and do not necessarily reflect the crime of conviction.Please refer to the court documents or the Florida Statutes for further information or definition. Incarceration History: Date In-Custody Date Out-of-custody 02/09/2012 04/17/2013 http://www.dc.state.fl.us/InmateReleases/detail.asp?Bookmark=1&From=list&SessionlD=877934778 6/8/2016 Inmate Release Information Detail Attachment 5 Page 2 of 2 First Previous Next Last , Return to List I rvew aearcn J Kecora: 1 or 1 The Florida Department of Corrections updates this information regularly, to ensure that it is complete and accurate, however this information can change quickly. Therefore, the information on this site may not reflect the true current location, status, release date, or other information regarding an inmate. This database contains public record information on felony offenders sentenced to the Department of Corrections. This information only includes offenders sentenced to state prison or state supervision. Information contained herein includes current and prior offenses. Offense types include related crimes such as attempts, conspiracies and solicitations to commit crimes. Information on offenders sentenced to county jail, county probation,or any other form of supervision is not contained. The information is derived from court records provided to the Department of Corrections and is made available as a public service to interested citizens. The Department of Corrections makes no guarantee as to the accuracy or completeness of the information contained herein. Any person who believes information provided is not accurate may contact the Department of Corrections. For questions and comments, you may contact the Department of Corrections, Bureau of Admission and Release, at(850)488-9167 or go to Frequently Asked Questions About Inmates for more information. This information is made available to the public and law enforcement in the interest of public safety. Search Criteria:Last Name:patty First Name:eugene Search Aliases:on Sex:ALL Race:ALL Offense Category:ALL Classification Status:ALL Current Custody: ALL Identifier Type:ALL Release Type:ALL Release Date:From:Release Facility:Stated County of Residence Upon Release:ALL County of Commitment:ALL Eye Color:ALL Hair Color:ALL From Age:18 To Age:80 From Weight: 100 To Weight:500 From Height:4'00"To Height:7'00" Return to Corrections Offender Information Network Information For... Publications Orgs&Offices How Do I... 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Horse Programs Spanish • Mission • Inmate Dog Adoption • More... • History Of Corrections Program$ • Corrections Foundation Privacy Policy I Accessibility http://www.dc.state.fl.us/InmateReleases/detail.asp?Bookmark=1&From=list&SessionlD=877934778 6/8/2016 �``1 . City of Cape Canaveral t i� 4., City Council Agenda Form _ ; - City Council Meeting Date: 06/21/2016 Item No. 1- Subject: Award the Bid for construction of the Canaveral City Park Ex-filtration Project to Villages Construction, Inc., in the amount of $1,671,030 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 Canaveral City Park Ex-filtration Project. The Project work area includes the two ballfields (softball and Little League) at Canaveral City Park (Park) and the immediately surrounding streets. Due to extensive excavation activities associated with the Project, the ballfields will be closed for a period of approximately eight to ten months. The Youth Center, Sandpiper Park and basketball courts will remain open during the construction activities. This ex-filtration stormwater improvement project will implement Best Management Practices (BMPs) to improve water quality and is part of a City-wide stormwater program to reduce pollutant loads from entering the Banana River Lagoon. The Project will include the installation of 4,105 stormwater chambers beneath two outfield areas and one infield area of the Park. The contributing City area to be treated is 30.3 acres, totaling one-inch of dry storage retention treatment. Modification of adjacent downstream curb inlets to the Park will be retrofitted to include internal manhole weirs to redirect stormwater into the ex-filtration system. Upon completion of the stormwater chambers installation activities, the Park will be returned to its original land use (softball and Little League fields). The ex-filtration system will remove an estimated 260.6 pounds per year of total nitrogen (TN) and 63.0 pounds per year of total phosphorous (TP) from the City's stormwater system. These reductions represent a significant portion of the City's nutrient-removal target levels for TN and TP required by the Total Maximum Daily Load (TMDL) Program. Additional information on the Project activities is included in Attachment#1. Selected Firm. Staff advertised this bid opportunity on April 27, 2016 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 Onvia, Inc.,bid service(DemandStar). A mandatory pre-bid meeting for all bidders was held on May 3, 2016. Four sealed bid submittals were received and publicly opened at the Wastewater Treatment Plant (WWTP) Training Room on June 2, 2016. PWS Staff and consulting engineering staff analyzed the bid submittals and recommend that the City contract with Villages Construction, Inc. (Villages) of Leesburg, Florida,which provided the low bid in the amount of $1,896,093.00. A summary of the four sealed bids submitted for the Project is included as Attachment #2. A proposed Construction Agreement with Villages is included as Attachment #3. Project Costs and Funding. Because all four bids received were significantly higher than the project budget, Staff performed Value Engineering with the low bidder. Results yielded a cost savings of$225,063, reducing the overall bid to $1,671,030. The majority of the cost savings were attained by using crushed concrete for backfill instead of granite. It is important to note that the Construction Industry/Economy is now a "Contractor's Market" — trending conditions benefit now-busy contractors while owners pay more as the housing/construction market City Council Meeting Date: 06/21/2016 Item No. 7 Page 2 of 2 rebounds and the economy continues to improve overall. While still early in the Contractor's Market, the steady growth of the economy signals that construction prices will continue to escalate. Therefore, the City is best served by moving forward with the Project as quickly as possible. Funding for this stormwater improvement project is from the following sources: • EPA 319 Grant- $598,262; • State Legislative Funds - $589,000; and • Remainder of funding— $483,768 City Stormwater funds/CRA Funds. Additional funds were requested from Florida Department of Environmental Protection(FDEP) through the EPA 319 Grant Program, but were denied. Therefore, additional funding will be provided from the City's Stormwater Utility. Project Schedule. Due to partial funding with State Legislative Funds, FDEP, which administers these funds, placed this Project on a fast-track schedule. FDEP staff will monitor the Project carefully to ensure that the construction schedule is met. Construction is scheduled to be initiated in late-July or early-August 2016. The Project Time Line with completion dates is as follows: • Design and permitting—October 2015 (completed); • Bidding and contractor selection—June 2016 (completed); • Construction—May 2017; • Public education—May 2017 (initiated); • Post-construction monitoring—April 2018; and • Project reporting—May 2018. Submitting Department Director: Jos urprenant/Jeff Ratliff Date: l r jt L Attachments: #1 - Project Information #2 - Bid Summary #3 - Construction Agreement Financial Impact: $1,671,030 to Villages Construction, Inc., for construction of the ex- filtration system at Canaveral City Park to be funded by two grants and City Stormwater/CRA Funds. Staff time and effort to prepare this Agenda item. Reviewed by Administrative/Financial Services Director:c/-,,, �,,,,d�+John DeLeo Date: 4.1/�p The City Manager recommends that City Council take the following action: Award the Bid for construction of the Canaveral City Park Ex-filtration Project to Villages Construction, Inc., in the amount of$1,671,030 and authorize the City Manager to execute the Construction Agreement for same. Approved by City Manager: David L. Greene (91,141 Date: ol///i Attachment #1 Project Information 13=3 -- ---4 P. fil 01111 ' ........ +l[rr e 1 Ea;iw oil 4,1! 1111 111 11111 ,11 ; 141" r 1 _ uT' A r i 1 If io v i t if _ ,..., _ j ft ilt "" - • '" . : to .,51,.. 1_, ,.. . I.... , n Elm -we. 4. li _ 7 D7, 9 4 e A f - 2. ...g:: , 2 D Ff A I ' � di 4 n'i -- ...ill ifriii . . _.. . - sic. ,45..,..0007"._ --L- 'ii ...--_-„ - " fit.wiliii, NIA,..-1-'" '''. . . 4 r r `I k pe c O D 1'7LO L 1... D 4 D , _ _ .+-, j-.: � _ ?.may,.• 1" ! al t° �_ , v� f Emi Ili, 1 a Wit it ._,—,,.. .1 iiFiVicr ,4 a -- "Ma __ { S i ,P 1- ° : I ill . $b _. Lill 1 Ili! i 1: I & Pr WF !1 121142 air . It III _ 1 0 . .� s -_ R� std FIr 11 git i ....: ' , l'} y _r ` '4% 1 1000. 1 Attachment A Page 8 of 8 1 2 71 rat �s .1 w<Y L. .i If L5 • _ Jin UT s O s 1 W az i ' III L eil , .._.L-1Si . ' g lq ' i , Z LL 0 ill I . ; IL § . . _ It Y ill 4 s : /tia. �... $ ; ! 1 /IONtrill a ./•t+ " - rCf 9 /.}.rias... -.4. • il F ir I tA #r i i tt ill V iiii I ..._ ig i. gym' •• g .rit u/ai ..w .... Eg :.4 grt Q o . 1.5.y yZ NC iii i x CO 1 • u 1.L W f 1 ; We< - . mfg i uo� a I1.il L~•t a C. . r �` i E.C, Ci: 11 K uro.•+1 won wiaz-/caiwoo.ra;r dm te+►+ a warowd oatva me.w.o` arae jo it:-'\\ . � , VCS O 4-6 OY ' '-..7".- ko -.%P44 StormTech. Th. --- ...10,•4 _ . __ • , •F" - - z ©esi n Manual ; . , .. „ StormTech'Chamber Systems '' ' for Stormwater Management - - a 10001 :. rA 8. i 14%0 VI))) • ' 1110 / 4 .4 • . a `/ Mf.M Bo, 1111141)11)4, StormTech SC-310 Chamber Designed to meet the most stringent industry performance standards for superior structural integrity while providing designers with a cost-effective method to save valuable x04 land and protect water resources.The StormTech system is designed primarily to be used under parking lots thus maximizing land usage for commercial and 1 jlibr . . 1 municipal applications. MB Mt 010 A. ill ' Nfil\\ T 'Hi., --reg. 4. 1 rt h 4 4 ..L *, ' LL 84x►rmTsch SC-310 10 Chandler(not to scale) Nominal Chamber Specifications So(LxWKM) 16.4'x34fxUN(2170x1114x408mm) l�YxtMr lama 143 V 48.4219 SIP1PPP lit kali 818ase' Stir$Mmi) SWIlll AI SS(MRS 'Marilee li Attachment #2 Bid Summary w C = 0 eItlkAt .1 ''1�l `"I 41 . 1. iI as e• • t ° %14 ft• NaT. k i 0 O 0 iz a 1- — oOS k\IA. tt 6 tslie E. o ^ �1 Ca Mr C • IA E in P., j \ ...) i =CI L Pl es = E.. " p C.) cl. 4 a" 3 i r•1 q Co o E ai d 03 L Z G 0 a V : m a m U 'E O 'fl Ge r .,..i V 0. E— L) V 1 3 F 3 CaE , --.... A w 1 v Attachment #3 Construction Agreement Bid#2016-02 Cape Canaveral, Florida CONSTRUCTION AGREEMENT This Agreement made this day of , 2016 between the CITY OF CAPE CANAVERAL, a Florida municipal corporation (herein referred to as CITY) and , a State Certified General Construction Firm authorized and duly licensed to do business in the State of Florida (herein referred to as CONTRACTOR),as follows: 1. DESCRIPTION OF WORK-CONTRACTOR shall perform the work, in accordance with the Contract Documents for the construction of improvements to ,as set forth in the Scope of Services,attached hereto as Exhibit"A",and fully incorporated by this reference("Work"). 2. CONTRACT DOCUMENTS - The Contract Documents consist of this Agreement; Exhibits and Addendum to the Agreement; Engineering Plans and Drawings prepared by dated • Bid # : Documents issued by the CITY; CONTRACTOR'S Bid Submittal; General Conditions by the CITY; Supplemental Terms and Conditions by the CITY; and all Change Orders approved by the CITY after execution of this Agreement. These Contract Documents are hereby incorporated into this Contract by this reference. 3. ORDER OF PRECEDENCE - In case of any inconsistency in any of the documents bearing on the Agreement between the CITY and the CONTRACTOR, the inconsistency shall be resolved by giving precedence in the following order: a. Agreement 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 cavy out the work in accordance with the decision of the CITY.When the material,article or equipment is designated by a brand name and more than one brand name is listed, it will be understood that the work is based on one brand name only. The CONTRACTOR will be responsible for all coordination necessary to accommodate the material,article or equipment being provided without additional cost to the CITY. A substitute material, article or equipment is allowed if it is reasonably equivalent to the brand name specified. The CITY has full discretion to decide whether a substitute is reasonably equivalent. CONTRACTOR must notify the CITY prior to use of the substitute for a specified brand name and allow the CITY to make a determination before CONTRACTOR uses the substitute. 5. CONTRACT TIME-The CONTRACTOR shall begin work within fourteen(14)days after the issuance of a written Notice to Proceed and shall complete the Work as follows: • Extensions,if any,are authorized by CITY,and may only be granted in writing. City of Cape Canaveral/Contractor Page 1 of 9 Bid#2016-02 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 completed on time.Accordingly, instead of requiring any such proof, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY one 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 Payments wil 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 Bid#2016-02 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 construction services provided for in this Agreement After 50%completion,the CONTRACTOR may present to the CITY a payment request for up to one-half of the retainage held by the CITY. CITY shall promptly make payment to the CONTRACTOR unless the CITY has grounds, under the Act, for withholding the payment of the retainage.The remaining retainage amount withheld shall be released with the Final Payment after the issuance of the Final Completion Certificate. CITY shall make final payment to CONTRACTOR within thirty(30)days after the work is fully and properly completed, if the contract has been fully and timely performed, but subject to the condition that final payment shall not be due until CONTRACTOR has delivered to CITY a complete release of liens arising out of the contract, or receipt of releases of lien fully covering all labor, materials and equipment for which a lien could be filed, or in the alternative a bond satisfactory to CITY indemnifying him against such claims. By making payments,CITY does not waive daims 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 Bid#2016-02 Cape Canaveral, Florida b. Work that does not comply with the Contract Documents; c. Outstanding daims 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 CfTY is to provide the general administration of the contract.In performance of these duties, or his authorized representative is the CITY's Project Manager during the entire period of construction. The CITY may change the Project Manager during the term of this contract. b. Inspections, Opinions, and Prowess Reports. The CITY shall be kept familiar with the progress and quality of the work by CONTRACTOR and may make periodic visits to the work site. The CITY will not be responsible for the means of construction,or for the sequences,methods and procedures used therein, or for the CONTRACTOR's failure to perform the work in accordance with the Contract Documents. c. Access to Worksite for Inspections.The CITY shall be given free access to the worksite at all times during work preparation and progress. The Project Manager is not obligated to make exhaustive or continuous on site inspections to perform his duties of checking and reporting on work progress,and any such inspections shall not waive CITY's claim regarding defective work by CONTRACTOR. d. Interpretation of Contract Documents: Decisions on Disputes.The CITY will be the initial interpreter of the contract document requirements, and make decisions on claims and disputes between CONTRACTOR and CITY. e. Resection and Stooge 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 CanaveraVContractor Page 4 of 9 Bid#2016-02 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,induding 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 contract work. e. CONTRACTOR will provide written guarantee for work and materials for one(1)calendar year after acceptance by CITY. 16. ASSIGNMENT-CONTRACTOR shall not assign or subcontract this Agreement, or any rights or any monies due or to become due hereunder without the prior,written consent of the CITY. a. If upon receiving written approval from CITY, any part of this Agreement is subcontracted by CONTRACTOR, CONTRACTOR shall be fully responsible to CITY for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. b. If CITY determines that any subcontractor is not performing in accordance with this Agreement, CITY shall so notify CONTRACTOR who shall take immediate steps to remedy the situation. c. If CONTRACTOR, prior to the commencement of any Work subcontracts any part of this Agreement by the subcontractor, CONTRACTOR shall require the subcontractor to provide CITY and its affiliates with insurance coverage as set forth by the CITY. 17. THIRD PARTY RIGHTS-Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. 18. PROHIBITION AGAINST CONTINGENT FEES-CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 19. NO JOINT VENTURE - Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties and neither party is authorized to,nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. 20. INDEMNIFICATION — For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR shall indemnify, hold harmless and defend the CITY,its officers,agents,officials,representatives,employees,and/or attorneys against any and all liability, loss, cost, damages, expenses, claim or actions, of whatever type, including but not limited to attomey'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 Bid#2016-02 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 Ageement. 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 daims 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 daims 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 CanaveraVContractor Page 6 of 9 Bid#2016-02 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 workers'compensation and professional liability policies. Independent Associates and Consultants. All independent contractors or agents employed by CONTRACTOR to perform any Work hereunder shall fully comply with the insurance provisions contained in this paragraph section 24. 25. MEDIATIONNENUE - The parties agree that should any dispute arise between them regarding the terms or performance of this Agreement, both parties will participate in mediation.The parties agree to equally share the cost of the mediator. Should the parties fail to resolve their differences through mediation, then any cause of action filed hereunder shall be filed in the Circuit or County Court for Brevard County,Florida. 26. GOVERNING LAW & VENUE - This Agreement is made and shall be interpreted, construed, governed,and enforced in accordance with the laws of the State of Florida.Venue for any state action or litigation shall be Brevard County, Florida.Venue for any federal action or litigation shall be Orlando, Florida. 27. ATTORNEY'S FEES - Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled, to the extent permitted by law, to recover from the non-prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees,whether at settlement,trial or on appeal. 28. NOTICES-Any notice or approval under this Contract shall be sent, postage prepaid,to the applicable party at the address shown on page 9 of this Agreement. 29. WORK IS A PRIVATE UNDERTAKING -With regard to any and all Work performed hereunder, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the CITY and CONTRACTOR is such that the CONTRACTOR is an independent contractor and not an agent of the CITY. The CONTRACTOR, its contractors, partners, agents, and their employees are independent contractors and not employees of the CITY. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the CITY, on one hand, and the CONTRACTOR, its contractors, partners, employees,or agents,during or after the performance of the Work under this Agreement. 30. DOCUMENTS - Public Records: In accordance with section 119.0701, Florida Statutes, CONTRACTOR agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the CITY pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. CONTRACTOR agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the CITY in order to perform the services required by this Agreement. CONTRACTOR also agrees to provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a City of Cape Canaveral/Contractor Page 7 of 9 Bid#2016-02 Cape Canaveral, Florida cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. CONTRACTOR shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, CONTRACTOR shall meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. If CONTRACTOR does not comply with a public records request,the CITY shall have the right to enforce the provisions of this Paragraph. In the event that CONTRACTOR faNs 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. 31. SOVEREIGN IMMUNITY - Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the CITY's right to sovereign immunity under Section 768.28,or other limitations imposed on the CITY's potential liability under state or federal law. As such, the CITY shall not be liable, under this Agreement for punitive damages or interest for the period before judgment. Further, the CITY shall not be liable for any claim or judgment, or portion thereof,to any one person for more than two hundred thousand dollars($200,000.00), or any claim or judgment,or portion thereof,which,when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence,exceeds the sum of three hundred thousand dollars($300,000.00). 32. HEADINGS - Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 33. INTEGRATION; MODIFICATION - The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein.This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 34. WAIVER AND ELECTION OF REMEDIES-Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 35. DRAFTING-CITY and CONTRACTOR each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 36. NOTICE - Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepaid, certified or registered; or the next business day after being deposited with a recognized overnight mail City of Cape CanaveraVContractor Page 8 of 9 Bid#2016-02 Cape Canaveral, Florida or courier delivery service; or when transmitted by facsimile or telecopy transmission, with receipt acknowledged upon transmission; and addressed as follows(or to such other person or at such other address,of which any party hereto shall have given written notice as provided herein): For City: For Contractor: City of Cape Canaveral David L.Greene,City Manager 105 Polk Avenue Cape Canaveral,FL 32920 Phone: 321-868-1220 Phone: Fax: 321-868-1224 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 Council Meeting Date: 6/21/2016 Item No. g Subject: Ordinance No. 02-2016; amending Chapter 110 Zoning, changing the list of permitted uses in the R-1,R-2,R-3, C-1, C-2 and M-1 zoning districts; creating definitions for car washes, veterinary clinics, veterinary hospitals, automotive maintenance facilities and convenience stores with or without the sale of gasoline at fueling stations; amending the definition of automotive repair facilities; amending supplementary district regulations; 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: The City is approximately 93 percent developed. The majority of future growth and construction activity will include a redevelopment component. Redevelopment can often be more challenging than new construction and, therefore, a greater level of regulatory flexibility is needed. The City has• taken the important first step of establishing an environment conducive to redevelopment, including the creation and recent expansion of the AlA Economic Opportunity Overlay District, establishing a Brownfield District and the Community Redevelopment Areas. In addition, a number of strategic revisions to the Code of Ordinances, to include the streamlining of development approvals, have been completed over the past few years. In an effort to remain competitive and transform how the City does business, an ordinance revision is proposed that will largely replace the current special exception process with one that is more predictable and streamlined. Many uses that are currently processed as a special exception are proposed to become permitted uses in the various zoning districts. To ensure compatibility with adjacent uses, a number of the newly created permitted uses will be required to meet use-specific development standards as well as development standards including buffering, lighting, noise and landscaping standards that are currently contained within the City Code. Certain uses will continue to be processed through the special exception process. Due to their nature, these uses require a heightened level of public scrutiny and involvement. These include pain management clinics, medical marijuana treatment centers, establishments that serve alcoholic beverages on-site (bars) and automotive service stations. Several new policy initiatives are also included in the proposed ordinance. New vehicle rental facilities, which are currently allowed in the C-1 and C-2 districts (through a special exception), will be a permitted use in the M-1 zoning district. Existing locations will become non- conforming and will not be allowed to relocate or expand. New facilities shall be a minimum of 12,000 square feet and any two facilities shall be located on a minimum of 1 acre. A new definition for "veterinary clinic" and "veterinary hospital" is also included. The distinction is made as a hospital can include the boarding of animals and, as a result, will require more restrictive locational criteria. The ordinance also establishes a new definition for an"automotive maintenance facility"and an "automotive repair facility." An automotive maintenance facility will allow minor repairs, oil changes and tire installation and are allowed in the C-1, C-2 and M-ldistricts. An automotive City Council Meeting Date: 06/21/2016 Item No. 8 Page 2 of 3 maintenance facility does not allow the sale of gasoline. An "automotive repair facility" is allowed in the M-1 zoning district. This use includes major repairs such as auto body work, welding, transmission repair/replacement, and engine repair/replacement. This use does not allow gasoline sales. The following list is indicative of the uses that will now be permitted in the various zoning districts of the City. These include: • Public/semipublic parks, playgrounds, playfields and recreation facilities without lighting(R-1/R-2/R-3). • Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located (R-1/R-2/R-3/C-1/M-1). • Churches and other places of worship (R-2/R-3). • Public and nonprofit private schools, public libraries (R-2/R-3). • Public safety structures (fire substations) (R-2/R-3). • Child care facilities that are located in a multifamily complex (R-2). • Assisted living facilities (R-3/C-1/C-2). • Automotive maintenance facilities (C-1/C-2/M-1). • Automotive repair facility(M-1). In recognition of an aging population and their unique needs, the ordinance also allows the establishment of a second kitchen facility in a single-family home. The intent is to allow for a family member to establish living quarters inside the home of an aging relative for the purpose of providing for the homeowner's daily needs. Standards are proposed to maintain the single- family nature of the structure to include: • The second kitchen facility and the area or quarters it serves shall be integrated architecturally, both internally and externally, with the single-family residence. Externally, the structure shall have the appearance of one residence. Internally, there shall be direct access to the kitchen facility and its area from the living area or quarters of the single-family residence. • The area or quarters to be served by the kitchen facility shall not exceed 600 square feet, excluding the kitchen facility and bath area. • A floor plan of the entire single-family residence, including the additional kitchen facility, shall be submitted to the Building Department in order to illustrate compliance with these conditions,and the floor plan shall be binding upon all future construction plans in regard to the single-family residence. • No portion of the single-family dwelling unit shall be utilized for rental purposes, and the single-family dwelling unit shall be served by one meter for electric and one meter for water. • The single family dwelling unit shall continue to be utilized by no more than one family as defined under this section. On February 24, 2016 and May 25, 2016, the Planning and Zoning Board (Board) held workshops where the proposed revisions were discussed. On June 8, 2016, at the conclusion of a duly noticed public hearing, the Board unanimously recommended approval of the proposed ordinance. City Council Meeting Date: 06/21/2016 Item No. 8 Page 3 of 3 Submitting Director: David Dickey Date: June 8, 2016 Attachment: Ordinance No. 02-2016 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrativenancial Services Director: t #i4ohn DeLeo Date: 3// The City Manager recommends that City Council take the following action: Approve Ordinance No. 02-2016, first reading. Approved by City Manager: David L. Greene CI). Date: 6/5//6 ORDINANCE NO. 02-2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 110 ZONING, CHANGING THE LIST OF PERMITTED USES IN THE R-1, R-2, R-3, C-1, C-2 AND M-1 ZONING DISTRICTS; CREATING DEFINITIONS FOR CAR WASHES, VETERINARY CLINICS, VETERINARY HOSPITALS, AUTOMOTIVE MAINTENANCE FACILITIES AND CONVENIENCE STORES WITH OR WITHOUT THE SALE OF GASOLINE AT FUELING STATIONS; AMENDING THE DEFINITION OF AUTOMOTIVE REPAIR FACILITIES; AMENDING SUPPLEMENTARY DISTRICT REGULATIONS; 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, Chapter 163, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act provides for the ability of the City of Cape Canaveral to plan for its future development and growth and provide necessary regulations for same; and WHEREAS,the City Council desires to update and modernize the City Code; and WHEREAS, the Planning and Zoning Board has reviewed these proposed amendments at a duly noticed public hearing held on June 8, 2016, 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. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stfikeeut type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110, denoted by the asterisks City of Cape Canaveral Ordinance No.02—2016 Page 1 of 22 and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 110 Zoning ARTICLE I. - IN GENERAL *** Sec. 110-1.-Definitions. *** Automotive maintenance facility means a facility in the business of conducting minor repairs and servicing to motor vehicles which produces relatively low levels of noise, vibration and fumes, but which shall not include the sale of gasoline. More specifically, the following types of repairs and services to motor vehicles may be offered: air conditioning repairs, starting and charging service; brake repair and replacement; engine oil changes, fluids replacement; exhaust system repair and replacement; automotive electrical work other than audio sound system installation; shock absorber, spring, and strut replacement; upholstery work; tire balancing, tire installation; wheel alignment; windshield and glass installation; tune-ups, diagnostics; spark plug replacement, emission control service; and other repairs of a similar nature with respect to impacts on nearby properties. Automotive repair facilityies means a facility in the business of conducting major repairs to motor vehicles that produce relatively high levels of noise, vibration and fumes, but which shall not include the sale of gasoline. More specifically, the following types of repairs to motor vehicles may be offered: audio sound system installation; auto body customizing; sun roof installation; auto body sheet metal, fiberglass or plastic repair,replacement,prepping or painting; auto body or frame media blasting; chassis and frame cleaning, fabrication, straightening or welding; engine repair and replacement; transmission repair and replacement; any other types of similar automotive work not included in the definition of "automotive maintenance f cility" *** Car wash means a business engaged in washing, waxing, polishing, and general cleaning of automobiles, small trucks, light utility vehicles and small recreational vehicles, but that is not designed to handle larger commercial trucks and buses. It includes self-service, full-service, and automated car washes and auto detailing services. *** Convenience store(with or without the sale of kasoline at fueling stations) means a small store that stocks a range of everyday items such as groceries, snack foods, candy, toiletries, soft drinks, tobacco products, and newspapers. This type of facility may or may not include the sale of gasoline at fueling stations. A convenience store with the sale of gasoline at fueling stations may also be referred to as a "service station" or "automotive service station." ft-building City of Cape Canaveral Ordinance No.02—2016 Page 2 of 22 *** Veterinary clinic means an establishment that has the necessary facilities for the examination and treatment of animals but does not accommodate animals for more than 24 hours, thereby not providing boarding services. Veterinary hospital means an establishment that has the necessary facilities for the examination and treatment of animals which includes boarding services that may accommodate animals for more than 24 hours. *** ARTICLE VII.DISTRICTS *** DIVISION 2.-R-1 LOW DENSITY RESIDENTIAL DISTRICT *** Sec. 110-272.-Principal uses and structures. The principal uses and structures in the R-1 low density residential district are as follows: fp Single-family dwellings. In no case shall there be more than one principal structure per lot or parcel. Public and semipublic parks,playgrounds,playfields, and recreation facilities without lighting. Public utility equipment uses and rights-of-way essential to serve the neighborhood in which it is located. Sec. 110-274. Reserved. . • • . . •• • • . . . . . •. .. . *** DIVISION 3.-R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT City of Cape Canaveral Ordinance No.02—2016 Page 3 of 22 Sec. 110-292.-Principal uses and structures. In the R-2 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. tThe principal uses and structures permitted in the R-2 medium density residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. 15.1 Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. ) Public and nonprofit private schools with conventional curriculums;public libraries. 12) Churches and other places of worship; parish houses. (8) Public safety structures and equipment, such as fire substations, civil defense facilities and the like. 99) Public and semipublic parks,playgrounds,plavfields and recreation facilities. (10)Child care facilities licensed and operated consistent with Florida law, subject to the following conditions: a. The child care facility must be located in a multifamily complex and any such complex shall not be an age-restricted community; b. There shall be an adequate dropoff and pickup area onsite located outside of the public right-of-way; c. One parking space per employee plus one parking space for every eight children shall be required, with a minimum of five total spaces; d. Adequate visual screening and noise buffers from adjacent areas shall be provided. e. Each application under this subsection shall be accompanied by a site plan drawn to scale depicting the child care building, drop off and pickup area,parking,play area and adjacent buildings. f. Adequate lighting in the pickup and drop off area shall be provided. For purposes of this subsection,the term"child care facility" shall not include a"family day care home"as defined by Florida law. aer Sec. 110-294.—Reserved. - . • ••. . • . . • . • •• • • . y - - City of Cape Canaveral Ordinance No.02—2016 Page 4 of 22 ..hies it i., locatea (3)Churches and other places of worship; parish houses. (1)Public safety structures and equipment, such as fire substations, civil defense facilities and the like. -- - following nditions. a.The child care facility must be located in a multifamily complex and any such complex shall not be an age restricted community; public right of way; c.One parking space per employee plus one parking space for every eight children shall be required, with a minimum of five total spaces; accompanied by a site plan drawn to scale depicting the child care building, dropoff ;. - -• . - • -- - " • _ • • 11 • 11 DIVISION 4.-R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT *** Sec. 110-312.- Principal uses and structures. In the R-3 medium density residential district, there shall be no more than 15 dwelling units per net residential acre. tThe principal uses and structures permitted in the R-3 medium density residential district shall be: (1) Single-family dwellings; (2) Two-family dwellings; (3) Multifamily dwellings; or (4) Public schools. (5) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (6) Public and nonprofit private schools with conventional curriculums; public libraries. City of Cape Canaveral Ordinance No.02—2016 Page 5 of 22 (7) Churches and other places of worship; parish houses. al Public safety structures and equipment, such as fire substations, civil defense facilities and the like. (9) Public and semipublic parks, playgrounds,playfields and recreation facilities. (10) Assisted living facilities, subject to the requirements of section 110-488. Notwithstanding the foregoing, there shall be no more than 15 dwelling units per net residential acre. *** Sec. 110-314.—Reserved. . . •• •. • . . . . • . •• • • . the like. • . • (6)Assisted living facilities, subject to the requirements of section 110 188. *** DIVISION 5.—C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-332.- Principal uses and structures. In the C-1 low density commercial district, the following uses and structures are permitted: (1) Retail stores, sales and display rooms. (2) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops and similar uses. (3) Professional offices, studios, medical or dental clinics, laboratories, general offices, business schools and similar uses. (4)Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. City of Cape Canaveral Ordinance No. 02—2016 Page 6 of 22 (5) Eating establishments. (6) Public and semipublic parks,playgrounds, clubs and lodges, cultural facilities,hospitals, medical or dental clinics,dies, funeral homes,government offices, schools, churches and similar uses. (7) Banks and financial institutions. (8) Commercial recreation, such as driving ranges,bowling alleys and similar uses. (9) Plant nurseries and greenhouses,provided that all outside display merchandise shall be contained in the required setbacks. (10) Repair service establishments, such as household appliances,radio and TV and similar uses, . . .•_ . , : . . . :• _ .. . . (11)Kindergartens and child care facilities. (12) Veterinary clinics. (13) Retail sale of beer and wine for off-premises consumption. (14) Public schools. (15) Assisted living facilities, subject to the requirements of section 110-488. (16) Places in which goods are produced and sold at retail upon the premises. (17) Vocational and trade schools not involving operations of an industrial nature. (18) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (19) Carwashes, including polishing and sale of related materials. (20) Automotive maintenance facilities,but not automotive repair facilities. Sec. 110-334.-Special exceptions permissible by board of adjustment. (a) _ . . - -- . . . . . . . . •. • . .. .. . • _.. . . , _ :... . . zed (e) Special exceptions may be permitted for the following: ( ){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. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling)within any one City of Cape Canaveral Ordinance No.02—2016 Page 7 of 22 filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article II, Division 4, City Code, and all other applicable provisions of the City Code. 110 332. determined by the fire chief. i not closer than 150 feet apart on the same street. enclosed structure. storage not to exceed 30 days, and these vehicles shall be in an enclosed area and :, , - - . - - . - .- - (11)Reserved. (11)Carwashes, including polishing, and sale of related materials. City of Cape Canaveral Ordinance No.02—2016 Page 8 of 22 . - ..-- - I , .. (17) (2) Pain management clinics, subject to the requirements of section 110-489 of this Code. (18) (3) Medical marijuana treatment centers, subject to the requirements of section 110-489 of this Code. (4) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110- 171. DIVISION 6 8.- C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-381.- Principal uses and structures. In the C-2 commercial/manufacturing district, the following uses and structures are permitted: 1. Retail stores, sales and display rooms, and shopping centers. 2. Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pickup stations, tailor shops, daycare and similar uses. 3. Dry cleaning establishments using nonflammable solvents and cleaning fluids as determined by the fire chief. 4. Professional offices, studios, medical and dental clinics, laboratories, general offices, business schools, data processing and similar uses. 5. Banks and financial institutions. 6. Places in which goods are produced and sold at retail upon the premises. 7. Eating establishments, bakeries and delicatessens. 8. Noncommercial public parks; commercial indoor playgrounds; clubs and lodges; cultural facilities; hospitals; medical and dental clinics; mortuaries and funeral homes (excluding crematories); government offices; schools; adult and youth centers; churches; reading rooms and similar uses. 9. Vocational and trade schools not involving operations of an industrial nature, such as truck driving schools. 10. Repair service establishments, such as household appliances, radio, television and similar uses - . . _ . . ..• - . • 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 City of Cape Canaveral Ordinance No. 02—2016 Page 9 of 22 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. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article II, Division 4, City Code, and all other applicable provisions of the City Code. 12. Light manufacturing, including: a. Instruments for controlling, measuring and indicating physical characteristics. b. Optical instruments and lenses. c. Surgical, medical and dental instruments and supplies. d. Ophthalmic goods. e. Watches, clocks, clockwork-operated devices and parts. f. Photographic equipment and supplies. g. Jewelry, silverware, plated ware. h. Musical instruments and parts. i. Toys, amusements, sporting and athletic goods. j. Radio, TV, phonograph and electronics instruments and parts. k. Pens, pencils and other office and artist materials. 1. Costume jewelry, costume novelties, buttons and notions. m. Other similar uses. 13. Craft distilleries, as defined by F.S. § 565.03, 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; and e. All materials and supplies related to the distillery operation shall be stored in an enclosed structure. 14. Veterinary hospitals and clinics. 15. Radio and television studios, broadcasting towers and antennas. 16. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. 17. Retail stores using outside display areas subject to section 110-459. City of Cape Canaveral Ordinance No.02—2016 Page 10 of 22 18. New and used automobiles, major recreational equipment and mobile home sales with accessory services, subject to the following: a. All outside areas where merchandise is displayed shall be paved. b. All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street. c. All servicing and repair activities, except gasoline pumps, shall be located in an enclosed structure. d. There shall be no storage of junked or wrecked automobiles, other than temporary storage not to exceed 30 days, and these vehicles shall be in an enclosed area and not be visible from outside the property. e. Ingress and egress points shall not be placed so as to endanger pedestrian traffic. 19. Theatres, drive-in theatres, photographic studios, bookstores, and dance studios, unless such uses fall within the scope and restrictions of section 10-86 et seq. 20. Carwashes, including polishing, and sale of related materials. 21. Assisted living facilities, subject to the requirements of section 110-488. 22. Plant nurseries and greenhouses, provided that all outside display of merchandise are contained within the required setbacks. 23. Permanent and temporary onsite security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. b. Security personnel only; no children allowed. c. Facility to be used exclusively for security purposes. 24. Automotive maintenance facilities,but not automotive repair facilities. Sec. 110-383.-Special exceptions permissible by the board of adjustment. (a) . _ _ _ : . .. . ._ .. __ .. . _., . _ . ..., . . (e) Special exceptions may be permitted for the following: City of Cape Canaveral Ordinance No.02—2016 Page 11 of 22 4-Tempera security facilities, subject to annual review. this article for the C 1 district. a • - enclosed structure c. Ingrss and cgrcss points shall not be placed so as to endanger pedestrian traffic. 7.Reserved. which i is located - such uses fall within the scope and restrictions of section 10 86, et seq. 110 171. 4-4-. (1) Pain management clinics, subject to the requirements of section 110-489 of this Code. (2) Medical marijuana treatment centers, subject to the requirements of section 110- 489 of this Code. (3) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. *** City of Cape Canaveral Ordinance No. 02—2016 Page 12 of 22 DIVISION 6 7.—M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-352. - Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: *** (5) Paint an.7 body shop Automotive maintenance facilities (6) : : - ..' .: . Automotive repair facilities *** (12) Convenience stores, including the sale of gasoline at fueling stations Automotive sefviees-statiofts, 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. Primary services and sales permissible include fueling stations and electric charging stations, and include only the following accessory uses: 1. Tire servicing and repair, but not recapping. 2. Car wash services. 3. Oil changes and other engine lubrication. 4. Sale of convenience goods for service station customers. City of Cape Canaveral Ordinance No.02—2016 Page 13 of 22 5. Restroom facilities. 6. Accessory fast food services without a drive-through. 7. 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 2,500 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 location, whether said filling station is located on one lot or comprises more than one lot. However, up to sixteen (16) fueling stations may be permitted City of Cape Canaveral Ordinance No.02—2016 Page 14 of 22 on a single lot of at least one acre with at least two-hundred and seventy-five feet of single street frontage. (13) Outside storage, subject to section 110-566,where applicable. (14) Freight handling facilities; transportation terminals. (15) Veterinary hospitals and clinics, subject to the provisions designated in division 5 of this article for the C-1 district. (16) Recycling activities for the collection of nonhazardous materials,provided that all storage of such materials shall be in approved structures, containers or trailers. (17) Radio and TV studios. (18) Shopping centers,provided the shopping center is on a minimum ten-acre plot and has a minimum of 75,000 square feet of interior space under the roof. All shopping centers shall be built in conformance with the criteria for the classification of shopping centers as set forth in the building code adopted in section 82-31. (19) Public utility equipment; uses and rights-of-way essential to serve the neighborhood in which it is located. (20)Permanent onsite security living facilities, subject to an annual review and the following: a. Maximum size not to exceed 800 square feet. b. Security personnel only; no children allowed. c. Facility to be used exclusively for security purposes. (21) Restaurants. (22) Public buildings and facilities. (23) Telecommunications towers, subject to the provisions of section 110-482. (24) Vehicle rental facilities, asprovided in section 110-556 of this Code. (25) Vocational and trade schools not involving operations of an industrial nature. (26) Retail stores, sales and display rooms, subject to section 110-459. (27) Personal service establishments, such as beauty shops and barbershops, laundry and dry cleaning pick up stations,tailor shops, and similar uses. (28) Hotels, motels with a minimum of 150 rental units. In no case shall there be more than 30 rental units per net acre nor shall a rental unit have a floor area less than 300 square feet. Hotel and motel units containing provisions for cooking or light housekeeping shall have a minimum floor area not less than 400 square feet. Motels and hotels may not be converted to other types of dwellings at more than the density required in this chapter for such dwellings. *** Sec. 110-354.- Special exceptions permissible by board of adjustment. (a) . . . •, . ..• . .,• . - - . :._ ., . City of Cape Canaveral Ordinance No.02—2016 Page 15 of 22 (b) The board of adjustment may adjust setbacks and provisions of Gection 110 566 as deemednecessary . . . . . .. • . . .__'. - . (E) Special exceptions may be granted for the following: - C 1 district. this article for the C 1 district. (7)Radio and TV studios. • set forth in the building code adopted in section 82 31. . -. . - - ' -- -- - which it is located. - . . . -- -- • - -: :! - - c.Facility to be used exclusively for security purposes. (11)Restaurants. (12)Public buildings. - _ 1 , (1-l-4)Conveyor systems for purposes of moving aggregate and other materials, subject to the following: a.Conveyor systems must be connected and adjacent to Port Canaveral. b.Conveyor systems crossing the setback must be constructed in a north-south direction, perpendicular to Port Canaveral. c.Conveyor systems must be completely enclosed where located within a setback. d.Conveyor systems shall not exceed 30 feet in height, where located within a setback. e.Conveyor systems in the setbacks shall not be located within 750 feet from any other existing or approved conveyor system(s). This measurement shall be drawn as a straight line connecting the conveyor systems. City of Cape Canaveral Ordinance No. 02—2016 Page 16 of 22 (433 () Pain management clinics, subject to the requirements of section 110-489 of this Code. ( ) L3j Medical marijuana treatment centers, subject to the requirements of section 110-489 of this Code. Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. *** DIVISION;.8-TOWNHOUSES *** ARTICLE IX.-SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1.-GENERALLY Sec. 110-456.-Application of performance standards. �a) Any use, building, structure or land developed, constructed or used for any permitted principal use or any use permissible as a special exception or any accessory use shall comply with all of the applicable performance standards set by federal, state,city and county rules. () If any use or building or other structure is extended, enlarged or reconstructed, the performance standards involved shall apply with respect to such extended, enlarged or reconstructed portion of such use,building or other structure. Sec. 110-457 - Outside Storage (a) Outdoor storage yards and lots including auto storage yards (but not scrap processing yards or concrete batch mixing plants)if storage is completely enclosed by a six-foot fence or wall not less than 95 percent opaque. (b) All outside storage yards must also meet section 110-566. Sec. 110-458 - Shopping centers and retail stores using outside display g) The area of outside display shall not exceed in size 10 percent or 2000 sf(whichever is smaller)of the enclosed area of the principal structure. 221 The outside display area shall be considered the same as the floor area for the purpose of calculating offstreet parking, setbacks and lot coverage. Further, required offstreet parking, setbacks, lot coverage and landscaping shall not be diminished by the outside display area. (c) Maintain minimum 5 foot sidewalk clearance for pedestrians. (d) No customer parking or fire lanes shall be used. (e) No additional signage. (f) All outdoor display must maintain a minimum 5 foot sidewalk clearance. City of Cape Canaveral Ordinance No.02-2016 Page 17 of 22 I Sec. 110-459 -Mini-warehouse/Personal property storage facilities. Storage buildings shall be subdivided by permanent partitions into spaces containing not more than 300 square feet each. th) Storage of goods shall be limited to personal property with no retail sales, service establishments,offices, apartments(other than manager's office and apartment), commercial distribution or warehousing allowed. The minimum lot size shall be not less than two acres. fizlj If the facilities are lighted, lighting shall be 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 interfered with the residential use of that area. Minimum yard requirements: (i)Front-30 feet. (ii) Side and rear—Zero feet if adjacent to a commercial district; 15 feet side yard and ten feet rear yard if adjacent to residential district. �f Perimeter landscaping adjacent to streets: All vehicular use areas(VUAs)which are not entirely screened by an intervening building from any abutting dedicated public street, to the extent such areas are not so screened, shall contain the following: (i)A landscaped area of not less than 20 square feet for each linear foot of vehicular use area(VUA) street frontage; (ii)No less than one tree,of four-inch caliper or greater, located within 25 feet of the street right-of-way, for each 25 linear feet, or fraction thereof, of VUA street frontage. Sec. 110-460 -Veterinary Hospital Laj The portion of the building used for overnight boarding shall be completely soundproof. The building shall be located on an individual and separate lot,provided all yards, area, frontage and other requirements of the Code are met for each structure within the zoning district of which it is a part. f Animals shall be kept in the enclosed soundproof buildings during the hours of 9:00 p.m. to 6:00 a.m. Liu A Veterinary Hospital may be a part of any development when the same meets the following criteria: (i)The facility shall be heated and cooled by a unit separate from such unit for the rest of the development. City of Cape Canaveral Ordinance No.02—2016 Page 18 of 22 (ii)The facility shall be serviced by a water supply separated from the main water supply by a backflow preventer or air gap. (iii)The facility shall be soundproofed from the rest of the development. (iv)The facility shall have its own independent exterior entrance exclusive from any common entrances. Sec. 110-461 -Carwash (a) Washing facilities must be within a structure with a roof. (b) The vacuums,blowers and similar devices may be outside the building but may not be located within 150 feet from a residentially-zoned property unless properly soundproofed and/or regulated by hours of operation. Sec. 110-462—Single-family residential second kitchen facility. A second kitchen facility may be incorporated into a single-family residence,provided the second kitchen meets the following conditions: Lal The second kitchen facility and the area or quarters it serves shall be integrated architecturally,both internally and externally,with the single-family residence. Externally,the structure shall have the appearance of one residence. Internally,there shall be direct access to the kitchen facility and its area from the living area or quarters of the single-family residence. th) The area or quarters to be served by the kitchen facility shall not exceed 600 square feet, excluding the kitchen facility and bath area. LO A floor plan of the entire single-family residence, including the additional kitchen facility, shall be submitted to the Building Department in order to illustrate compliance with these conditions, and the floor plan shall be binding upon all future construction plans in regard to the single-family residence. No portion of the single-family dwelling unit shall be utilized for rental purposes, and the single-family dwelling unit shall be served by one meter for electric and one meter for water. Lel The single family dwelling unit shall continue to be utilized by no more than one family as defined under this section. Sec. 110-463-466. Reserved. . �• .. . City of Cape Canaveral Ordinance No.02—2016 Page 19 of 22 *** Sec. 110-488.-Assisted living facilities. Assisted living facilities may only be permitted by specia' exception in the R-3,ailE1 C-1 and C-2 zoning districts subject to the : - . - . . •- following minimum requirements: (a) Front, side and rear setbacks shall be a minimum of 25 feet; setbacks from adjacent residential lot lines shall be a minimum of 50 feet. (b) Minimum lot area shall be five acres. (c) Each assisted living facility unit shall contain minimum living area of 400 square feet for single bed units and 700 square feet for double bed units. (d) Loading docks and dumpster areas shall conform to the following: (1) Loading docks and dumpster areas shall be directed away from any residential development adjacent to the assisted living facility. (2) Dumpsters shall be visually screened from public view from an adjacent public right-of-way or residential development by fully enclosed screening that is a minimum of six feet in height, measured above finished grade. (3) Each enclosure shall include a decorative opaque gate that is a minimum of six feet in height, measured above finished grade. (4) Each dumpster enclosure shall be constructed as one of the following: (A) A masonry wall at a minimum of six feet in height, measured from finished grade. The masonry wall shall be decoratively finished concrete masonry unit, brick, stucco, pre-cast panels, split-face block or other material matching the exterior of the principal building. (B) A combination of fencing and landscape buffer. Fencing shall be fabricated from aluminum, wrought iron, vinyl, brick, or other approved materials. The landscape buffer shall be a minimum of five feet in width, a minimum of three feet in height, 50 percent opaque at planting and capable of attaining a height of six feet and 75 percent opaqueness within 24 months. (5) The dumpster shall be located so as to facilitate pickup by solid waste collection agencies. (6) The dumpster enclosure shall not be placed in drainage flow areas. (7) Adequate reinforced paved areas shall be provided for the dumpster and their approaches for loading and unloading. (8) No part of a dumpster or materials stored within the screen area shall extend above the dumpster enclosure. (9) Chain link, painted or unpainted block walls, barbed wire and wood are prohibited as part of a dumpster enclosure. Sec. 110-556.-Vehicle rental facility. City of Cape Canaveral Ordinance No.02—2016 Page 20 of 22 (a) Definition of vehicle rental facility. Vehicle rental facilities shall be defined as commercial establishments where motor vehicles are kept and maintained for lease, where such vehicles are dropped off or picked up and where customers complete all transactions necessary for the short term lease of such vehicle. (b) Limitations on vehicle rental facilities. Subsequent to March /1, 2003, vVehicle rental facilities may only be permitted by special exception in C 1 and C 2 zoning districts in the M-1 zoning district subject to the general conditions for special exceptions and the following minimum requirements: (1) A vehicle rental facility shall not be located within one third of a mile from an existing (21)Minimum lot area for facilities shall be 12,000 square feet, however 2 or more facilities may be situated on a minimum of 1 acre; (32)Minimum lot width for facilities shall be 100 feet; (43)That a continuous, densely planted, greenbelt of not less than 15 feet in width, penetrated only at points approved during site plan approval, for ingress and egress to the property, shall be provided along all property lines abutting public rights-of-way or properties zoned residential. Said greenbelt shall be in conformance with the requirements of section 110-566 et seq. of the City Code, as may be amended from time to time. Where a wall or fence is to be used as screening, as may be provided within this Code, the greenbelt will be located between the property line and the wall or fence such that greenbelt is adjacent to the bordering property; (34)Outside areas where the motor vehicles are to be displayed or stored shall be paved and striped in accordance with the city's off-street parking regulations; (65)All ingress and egress points to abutting streets shall be marked clearly and placed not closer than 150 feet apart on the same street and shall not be placed so as to endanger pedestrian traffic; (76)Servicing or repair of vehicles is prohibited except within a fully enclosed structure; (47)All outdoor paging or speaker systems are expressly prohibited; and (98)The hours of operation for such facility shall be limited to 7:00 a.m. to 9:00 p.m. daily. *** 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. City of Cape Canaveral Ordinance No.02—2016 Page 21 of 22 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED, by the City Council of the City of Cape Canaveral, Florida, this day of , 2016. Bob Hoog, Mayor ATTEST: For Against John Bond MIA GOFORTH, Mike Brown _ City Clerk Robert Hoog Brendan McMillin 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.02—2016 Page 22 of 22 4,, tA.4 .1.� ` . City of Cape Canaveral :, • ‘ , City Council Agenda Form y City Council Meeting Date: 6/21/2016 Item No. 9 Subject: Ratify the Composite City Manager Performance Evaluation and discuss/determine an appropriate response to the provisions detailed in Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene. Department: Legislative Summary: Section 2, Salary and Evaluation, subparagraph "B" of the City Manager's Employment Agreement (Attachment 1) allows consideration for an adjustment to the base salary and/or other benefits based upon performance evaluation which is required to occur between May and July of each year. City Council Member individual reviews were combined to create a Composite Evaluation (Attachment 2). Performance ratings received were combined to create a Composite (Attachment 3). City Council Members are requested to ratify the Composite Evaluation and discuss/determine how to proceed with the provisions of the Employment Agreement. Submitting Department Director: Jane E. Ros Date: 69gzo4 Attachments: 1. Excerpt from the Employment Agreemen . 2. Composite Performance Evaluation for City Manager David L. Greene. 3. Composite Scores for Performance Evaluation for City Manager Greene. Financial Impact: Dependent upon the actions of the City Council. Reviewed by Finance Director: John DeLeoDate: C y 6 Attachment 1 EXCERPT FROM CITY MANAGER EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT(hereinafter referred to as "Agreement"),is by and between the City of Cape Canaveral, Florida,a Florida municipal corporation(hereinafter referred to as "City"), and David Greene (hereinafter referred to by name or as "City Manager"). Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement,the City agrees to pay the City Manager an annual base salary of Ninety-Nine Thousand Five Hundred and No /100 Dollars (Currently: $137,508.80), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary within six (6) months of June 1, 2010, as determined by the City Council at the Council's discretion. B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance evaluation of the City Manager. Such evaluation shall be in such form as the Council and the City Manager agree upon and shall be made between May and July of each year in which this Agreement is effective. C. During the first year of this Agreement only, the City Manager shall have an additional evaluation that will take place between November 2010 and January 2011 and shall receive a potential increase in his base salary as determined by the City Council at the Council's discretion. D. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawful withholdings. The City Manager shall not be entitled to overtime or compensatory benefits. Attachment 2 Composite Performance Evaluation for City Manager David L Greene Employee: David L.Greene Date presented: 6/21/2016 Evaluation Period: June 2015 through May 2016 Date of Hire: 6/1/2010 Objectives: • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths,areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations—Intolerable behavior or poor performance. 2. Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable—Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good.This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations—Outstanding performance.This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Page 1of15 Composite Performance Evaluation for City Manager David L Greene Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Section I.Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an"x"above the number you feel best describes his performance in that area. 1= Below Expectations; 2= Marginal; 3=Acceptable;4=Optimal; 5= Exceeds Expectations 1. Communications Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 4 5 4 4 , 4.5 4.3 2015 Composite:4.40 Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters,press releases,the Internet,and public speaking opportunities to inform the community about Council actions and policies, plans for the future,and the economic outlook of the city. Comments: Council Member Bond: Participates in few public events, but understand physical limitations. Mayor Pro Tem Walsh: The City Manager has implemented many avenues to communicate the City's message to Department Directors, Employees, and the general public. The redesigned new website is much more user friendly and has been well received by the community. Council Member McMillin: Mayor Hoog: David has the ability to make a point very well. His communication skills are at their best. Council Member Brown: The City Manager effectively communicates to the Council via internet.The City Manager needs to attend more community events. 2. Relationship with City Council Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 4.5 5 5 4 5 4.7 2015 Composite: 5 Page 2 of 15 Composite Performance Evaluation for City Manager David L Greene Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying out Council decisions. Comments: Council Member Bond: Mayor Pro Tem Walsh:The City Manager responds promptly to Council's concerns, utilizes an open door policy,and is available to Council Members as needed.The City Manager faces the challenge of managing the different viewpoints of multiple Council Members and changing Council Members of which he continues to do very well. Mr. Greene is very willing to share his thoughts, likes, dislikes, opinions and views and generally does so very professionally. Council Member McMillin: Mayor Hoog: David responds to Council's needs and requests quickly and is open to Council at all times. Council Member Brown: The City Manager is very accessible to the Council. 3. Budgeting Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 5 5 4.5 4 5 4.7 2015 Composite: 5 Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented,organized,and one which closely represents the goals of the City Council. Comments: Council Member Bond: Not sure anyone could do better than David and his Staff. Mayor Pro Tem Walsh: Mr.Greene does this extremely well.He continuously puts efforts toward aligning the Five Year Capital Improvement Plan with the Goals, Objectives and Priorities of the City Council by working with City Council to diversify the City's revenue stream while keeping the millage rate in check. Council Member McMillin: Mayor Hoog:Works well with Staff to analyze the needs of the City to achieve the goals set by Council. Council Member Brown: 4. Financial Management Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 5 5 4.5 4.5 5 4.8 2015 Composite: 5 Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound long-term financial condition; uses Page 3 of 15 Composite Performance Evaluation for City Manager David L Greene debt appropriately; plans for the long-term replacement and maintenance of equipment and infrastructure. Comments: Council Member Bond:See#3. Mayor Pro Tern Walsh: The City is in excellent financial condition.The City Manager has led the City into obtaining over $4mm in grant money and extremely low interest rates on its borrowings for current projects as well as long-term planning and implementation of the City's infrastructure repairs and improvements. Mr.Greene continues to excel in this dimension. Council Member McMillin: Mayor Hoog: David does well in this area.We have moved forward with infrastructure buildings at a pace that has to be recognized. Council Member Brown: 5.Asset Management Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 4.5 5 4.5 4.5 5 4.7 2015 Composite: 4.70 Oversees appearance & condition of City-owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: Council Member Bond: Probably an unfair question as council does not participate in these tasks. Mayor Pro Tem Walsh: The Five Year Capital Improvement Plan and the General Government and Enterprise Renewal/Replacement Funding Programs are just two programs that will ensure present and future repairs, upgrades and replacement needs are being met. Council Member McMillin: Mayor Hoog:The condition of facilities has improved at the Public Works Services facility. I like to see the vehicles are all of the same color and in good condition. Council Member Brown: 6. Planning and Organization Name Council I Mayor I Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 4.75 5 5 4.5 4.75 4.8 2015 Composite: 4.75 Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Page 4 of 15 Composite Performance Evaluation for City Manager David L Greene Council Member Bond: David is very active in helping the City achieve the goals of the visioning process. Mayor Pro Tem Walsh: The goals and objectives of the City/Council should be closely aligned with the Visioning and Economic Development Action Plan that were established and revisited by Council. FY 16/17 will challenge the City Manager to pursue the implementation of the Strategic Planning Goals and Objectives recently adopted by City Council. Council Member McMillin: Mayor Hoog:Above expectations. Council Member Brown: 7. Decision Making Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 4.75 5 4 4 5 4.55 2015 Composite:4.85 Makes timely decisions that are well thought out and in the best interest of the City;accepts responsibility for outcomes; handles difficult situations in a professional and pro-active manner.Comments: Council Member Bond: All you need to do is look at what has been accomplished during his tenure; all while incurring no long term debt. Mayor Pro Tem Walsh: Mr. Greene does not hesitate to handle difficult situations. He considers facts, issues and potential outcomes prior to making a decision and generally does so in the best interest of the City. Council Member McMillin: Mayor Hoog:Always looking at the best for the City and the citizens. Council Member Brown: 8. Council Meetings Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 4.75 5 5 4 5 4.75 2015 Composite:4.85 Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend;provides,on a timely basis,necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: Council Member Bond: Excellent on all criteria on this point. Mayor Pro Tem Walsh: As with previous years' reviews, Mr. Greene continues to do a great job in providing information in the agenda packets in a timely manner as well as in a cohesive manner. The Page 5 of 15 Composite Performance Evaluation for City Manager David L Greene consent agenda section helps to make the meetings more efficient and productive. Mr. Greene's active participation in the meetings as well as having the team members present for specific items, assists Council in making decisions. Council Member McMillin: Mayor Hoog:Council meetings are well organized and advertised. Council Member Brown: 9. Professional and Leadership Skills Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 4.5 5 4 3.5 5 4.4 2015 Composite:4.30 Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises;accepts constructive criticism;demonstrates courtesy,tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: Council Member Bond: David scores well in most criteria. He will,sometimes at times,get sideways with a resident.Overall, David is extremely professional and informative. Mayor Pro Tem Walsh: Mr. Greene is a professional leader and demonstrates this in his everyday dealings. He is personable, courteous and has a positive attitude when dealing with others. The City Manager knows when to take a hard line with individuals and does what he feel is in the best interest of the City. Council Member McMillin: Mayor Hoog:David performs well; has the ability and skills to lead Staff to accomplish the goals of Council and the City's needs. Council Member Brown: City Manager handles himself in professional manner, but on rare occasion gets frustrated with fellow citizens and displays his frustrations. 10. Community Relations Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 3 4.5 4.25 4 3.75 3.84 2015 Composite:4.05 Maintains positive relations with community groups and organizations;attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Council Member Bond:See comments of#1. Page 6 of 15 Composite Performance Evaluation for City Manager David L Greene Mayor Pro Tern Walsh: Council Member McMillin: Mayor Hoog: I understand. Council Member Brown: City Manager needs to attend more community events. Other Comments: Council Member Bond: Mayor Pro Tem Walsh: Council Member McMillin: Mayor Hoog: Council Member Brown: 2016 Section I. Average: 4.55 2015 Section I. Average: 4.69 Section II.Skills&Traits Evaluation 1= Below Expectations;2= Marginal; 3=Acceptable;4=Optimal;5= Exceeds Expectations 1. Planning Skills Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem I Score Bond Brown McMillin Walsh Score 5 5 4.75 4.5 5 4.85 2015 Composite: 5 Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals;anticipates and analyzes problems and plans effective solutions.Comments: Council Member Bond: What can I say as David is the best at this task. Mayor Pro Tem Walsh: Due to Mr.Greene's tremendous experience and knowledge in local government, he is very good at anticipating problems the City could be facing and plans effective solutions. Council Member McMillin: Mayor Hoog: No problem in this area. Council Member Brown: 2. Leadership Skills Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 4.75 5 4.75 4 4.75 4.65 Page 7 of 15 Composite Performance Evaluation for City Manager David L Greene 2015 Composite:4.75 Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary;delegates to appropriate levels in the organization. Comments: Council Member Bond: David has built a formidable Staff with which he obviously works very well. Mayor Pro Tern Walsh: The City Manager is respected by the team members and he continues to promote a team environment with no barriers between departments. Mr. Greene is to be applauded for continuously holding the team members accountable and responsible. Council Member McMillin: Mayor Hoog:A well organized and well versed Staff in all departments. Council Member Brown: 3. Negotiating Skills Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 5 4.625 4.25 4 5 4.575 2015 Composite:4.90 Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: Council Member Bond: His skills in this area are superior.This is evident in contracts,grants,etc. Mayor Pro Tern Walsh: The City Manager continues to successfully negotiate, and renegotiates when needed,various City contracts in the best interest of the City. Council Member McMillin: Mayor Hoog: David gets a little aggressive with others at times.Should display a more relaxed manner. Council Member Brown: 4. Creativity Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 5 5 4.5 4 5 4.7 2015 Composite:4.95 Identifies effective,efficient, and when necessary, innovative solutions to problems. Comments: Council Member Bond: Mayor Pro Tem Walsh: Mr.Greene clearly sees the potential for this City and the possibilities it holds. He routinely approaches problems with non-traditional and creative solutions and does so very efficiently. Page 8 of 15 Composite Performance Evaluation for City Manager David L Greene He is truly an effective problem solver. Council Member McMillin: Mayor Hoog: No problem here. Council Member Brown: 5. Honesty/Fairness Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 4.75 5 5 4 4.75 4.7 2015 Composite:4.95 Is consistently open,straightforward, and impartial. Comments: Council Member Bond: Mayor Pro Tem Walsh: Council Member McMillin: Mayor Hoog: None-in the negative. Council Member Brown: 6. Adaptability Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 4.75 5 4.75 4 5 4.7 2015 Composite:4.60 Responds positively in a timely manner to a changing world and local conditions. Comments: Council Member Bond: His ample past experience helps him to adapt when required. Mayor Pro Tem Walsh: Mr. Greene continuously looks for opportunities to advance Cape Canaveral's interest. Council Member McMillin: Mayor Hoog:Good. Council Member Brown: 7. Initiative Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 5 5 4.75 4 5 4.75 Composite:5.0 Page 9of15 Composite Performance Evaluation for City Manager David L Greene Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: Council Member Bond: Always ready to tackle a task head-on. Again, past experience helps him know which direction to go next. Mayor Pro Tern Walsh: The City Manager understands the need for processes and procedures and continues to assist the City team members in this dimension as well. His constant review of the way things work and his modification procedures have helped the organization to become more efficient and effective. Mr.Greene understands the City still has many opportunities for improvement which will be a challenge for him in years ahead. Council Member McMillin: Mayor Hoog: Follows requests and performs well; solves problems rapidly. Council Member Brown: 8. Resiliency Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 4.75 5 4.25 4 5 4.6 2015 Composite:4.70 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: Council Member Bond: I have not seen any evidence to the contrary. Mayor Pro Tern Walsh: Mr.Greene is a highly motivated individual. He is a proactive thinker and handles demands well. Council Member McMillin: Mayor Hoog:Stands up to the everyday demands. Council Member Brown: 9. Humor Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 4.75 5 5 4 5 4.75 2015 Composite:4.90 Maintains and shares an appropriate sense of humor to lighten the load. Comments: Council Member Bond: Tends to be more humorous than even me. Enough said. Mayor Pro Tern Walsh: Mr. Greene has a good sense of humor. He is very competitive and highly driven individual Council Member McMillin: Page 10 of 15 Composite Performance Evaluation for City Manager David L Greene Mayor Hoog: David has a good understanding of a problem; usually has a good comment to bring to the table. Council Member Brown: 10. Ethical Standards Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 5 5 4.5 4 5 4.7 2015 Composite:5 Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: Council Member Bond: None higher. Mayor Pro Tem Walsh: Mr. Greene is a strong professional and sets a good example for the City's team of employees. Council Member McMillin: Mayor Hoog: Right up front. Council Member Brown: 11. Job Knowledge Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh Score 5 5 4.75 4.5 5 4.85 2015 Composite: 5 Has a solid knowledge of all phases of municipal government. Comments: Council Member Bond: David would not be successful without it.Excels would not be fair.(He more than excels.) Mayor Pro Tem Walsh: The City Manager has exceptional in-depth knowledge of municipal government. He also possesses in-depth knowledge of local government as well as the private business sector.As with every review, Mr.Greene is quite exceptional in this category. Council Member McMillin: Mayor Hoog: Excellent. Council Member Brown: Page 11 of 15 Composite Performance Evaluation for City Manager David L Greene 12. Operational Efficiency Name Council Mayor Council Council Mayor Composite Member Hoog Member Member Pro Tern Score Bond Brown McMillin Walsh Score 5 5 4.75 4 5 4.75 2015 Composite: 5 Generally obtains the best possible result for the resources expended. Comments: Council Member Bond: Squeezes more than 100 cents out of every dollar. Mayor Pro Tern Walsh: Mr.Greene continues to operate the City very efficiently and effectively. Council Member McMillin: Mayor Hoog:Well done. Council Member Brown: Other Comments: Council Member Bond: Mayor Pro Tern Walsh: Kudos to Mr. Greene for another very successful year! I truly enjoy working with him and look forward to the 2016/17 year ahead. Council Member McMillin: Mayor Hoog: Council Member Brown: 2016 Section H. Average: 4_7 2015 Section II. Average:4.90 Section III. Quality of Municipal Service by Department/Division Rate the quality of service provided by each of the functional departments and divisions below by placing an "x"in the block beneath the number which you feel best describes the quality of service. 1=Below Expectations;2=Marginal;3=Acceptable;4=Optimal;5=Exceeds Expectations;N/S=Not Scored Council Mayor Council Council Mayor Composite Member ' Hoog Member Member Pro Tem Score Bond Brown McMillin Walsh DEPARTEMENTAMLIONW City Clerk 4.75 5 5 4 N/S 4.69 Admin/Financial Services 5 5 5 4 N/S 4.75 Audit/Financial Services 5 5 5 4 N/S 4.75 Contract Utility Billing Services N/S 4.75 5 4 N/S 4.58 HR/Risk Management N/S 5 5 4 N/S 4.67 Page 12 of 15 Composite Performance Evaluation for City Manager David L Greene Community Development N/S 5 5 N/S N/S 5 Building/Code Enforcement N/S 5 5 3.5 N/S 4.5 Local Business Tax Receipts N/S 5 5 4 N/S 4.67 1 Planning and Zoning N/S 5 5 4 N/S 4.67 Economic Development N/S 5 5 N/S N/S 5 Cultural and Leisure Services 5 5 5 4.5 N/S 4.875 Public Works Services N/S 5 5 N/S N/S 5 Stormwater 4.75 5 5 3 N/S 4.44 Infrastructure Maintenance N/S 5 5 4.5 N/S 4.83 Water Reclamation 4.75 5 5 4 N/S 4.69 CONTRACTED SERVICES Engineering Services 4.75 5 5 4 N/S 4.69 Fire/Rescue Services 4.75 5 5 4 N/S 4.69 Police Services 4.75 4.75 5 3.5 N/S 4.5 Solid Waste Recycling 4.5 5 5 4 N/S 4.625 AVERAGE 4.8 4.97 5.0 3.94 I N/S 4.68 Specific Comments: Council Member Bond: Mayor Pro Tem Walsh: Overall,the departments are doing better than they have in past years.However, our City Clerk's Office has a challenge ahead of them, replacing the in-depth knowledge and strong skill set of the previous City Clerk. As previously stated in prior reviews, I feel that a survey should be placed on the website to reach out to residents of Cape Canaveral to obtain feedback from the community regarding the level of customer service and the quality of service they are receiving from the City Departments. Also, input from the various City Boards should be polled as to their dealings with various Departments. Council Member McMillin: Mayor Hoog: Council Member Brown: 2016 Section III. Average: 4.68 2015 Section III. Average:4.59 Section IV.Strengths,Weaknesses, Performance Objectives STRENGTHS: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? Council Member Bond: Atlantic Avenue and City Hall are underway.City Staff just keeps getting better. Mayor Pro Tem Walsh: Mr.Greene continues to focus on accountability, responsibility and sustainability of our City team of employees. He continuously promotes a team environment. Council Member McMillin: I have not completed a previous evaluation. Page 13 of 15 Composite Performance Evaluation for City Manager David L Greene Mayor Hoog: Has structured an excellent Staff and directs with least cost to the citizens. Council Member Brown: WEAKNESSES: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? Council Member Bond: More public participation would be good, but again, understand physical limitations. Mayor Pro Tem Walsh: Many other City Managers go to community events, SCLOC meetings and other meetings/events for networking as well as helping the overall position of these organizations and being the voice of our City when dealing with the FLOC or the Brevard County Commissioners on specific issues our City faces. Mr. Greene should strive at attending some community and organizational events/meetings to help influence the decisions these organizations and commissions take that impact our City and county. Council Member McMillin:The City Manager can be rather curt when the City receives criticism, notably at Council Meetings. Mayor Hoog:David has a good manner in dealing with people, until a point,when frustration sets in. I say "chill" and look at it from another perspective? Council Member Brown: NEW OBJECTIVES: List new priorities you would like to see addressed in the next year. Council Member Bond: Mayor Pro Tem Walsh: As the City Council set some goals for 2016/17 during the Goal Setting Session, the City Manager will need to focus on cost effective implementation of these goals. Also, a process should be developed for the various City board members to rate the services provided by each of the functional departments and divisions within the City that support them as these Board Members/Individuals deal with specific departments regularly. Council Member McMillin: I would refer to the Strategic Plan that we recently completed. I would also like to note that I have only been observing the City Manager for a few months as I have only recently been elected. In general, his and Staff's performance have been above average thus far. I look forward to our mutual progress as we proceed. Mayor Hoog:Stay the course set by the Strategic Plan and Vision of the City. Council Member Brown: City Manager Performance Evaluations conducted by the Mayor, Mayor Pro Tern and Council Members are retained by the Human Resource Director. This document represents the scores and comments of all as submitted. Employee Response: Page 14 of 15 Composite Performance Evaluation for City Manager David L Greene Employee Signature Date Page 15 of 15 Attachment 3 Composite Scores for Performance Evaluation for City Manager Greene Evaluation Period June 2015 through May 2016 Presented June 2016 Council Council Council. Mayor --::v`!..-,,';,..4--:14:.�,y ��- ' ter Member Mayor Member : Member Pro Terri Composite Section 1.Area Evaluation -'7''''''' Bond. Hoog . Brown `McMillin Walsh '' Score A'' 1 Communications 4 5 4 4 4.5 4.30 Relationship with City 2 Council 4.5 _ 5 5 4 5 4.70 3 Budgeting 5 5 4.5 4 5 4.70 4 Financial Management 5 5 4.5 4.5 5 4.80 5 Asset Management 4.5 5 4.5 4.5 5 4.70 Planning and 6 Organization 4.75 5 5 4.5 4.75 4.80 7 Decision Making 4.75 5 4 4 5 4.55 8 Council Meetings 4.75 5 5 4 5 4.75 Professional and 9 Leadership Skills 4.5 5 4 3.5 5 4.40 10 Community Relations 3 4.5 4.25 4 3.75 3.90 4.56 N/S=Not Scored Council Council Council Mayor : Member Mayor Member Member Pro Tern Composite Section II. Skills&Traits Evaluation Bond Hoog Brown McMillin Walsh Score 1 Planning Skills 5 5 4.75 4.5 5 4.85 2 Leadership Skills 4.75 5 4.75 4 4.75 4.65 3 Negotiating Skills 5 4.625 4.25 4 5 4.58 4 Creativity 5 5 4.5 4 5 4.70 5 Honesty/Fairness 4.75 5 5 4 4.75 4.70 6 Adaptability 4.75 5 4.75 4 5 4.70 7 Initiative 5 5 4.75 4 5 4.75 8 Resiliency 4.75 5 4.25 4 5 _ 4.60 I 9 Humor 5 5 5 4.75 4.75 4.90 I Composite Scores for Performance Evaluation for City Manager Greene Evaluation Period June 2015 through May 2016 10 Ethical Standards 5 5 4.5 4 5 4.70 11 Job Knowledge 5 5 4.75 4.5 5 4.85 12 Operational Efficiency 5 5 4.75 4 5 4.75 -'-'- , Council .-,: ; Council Council Mayor ,,z,r,,,,,:,,•,,,,,,,,,,,r,: -:).. Section ill. Quality of Municipal ';,' Member Mayor Member Member Pro Tern Composite Service by Department/Division . ' Bond ' Hoog , Brown McMillin Walsh '' Score City Clerk's Office 4.75 5 5 4 N/S 4.69 Admin/Financial Services 5 5 5 4 N/S 4.75 Audit/Financial Services 5 5 5 4 N/S 4.75 Contract Utility Billing Services N/S 4.75 5 4 N/S 4.58 Human Resources/Risk Mgmt. N/S 5 5 4 N/S 4.67 Community Development N/S 5 5 N/S N/S 5.00 Building/Code Enforcement N/S 5 5 3.5 N/S 4.50 Local Business Tax Receipts N/S 5 5 4 N/S 4.67 . - Planning and Zoning N/S 5 5 4 N/S 4.67 Economic Development N/S 5 5 N/S N/S 5.00 Culture&Leisure Services 5 5 5 4.5 N/S 4.88 Public Works Services N/S 5 5 N/S N/S 5.00 Stormwater 4.75 5 5 3 N/S 4.44 Infrastructure Maintenance N/S 5 5 4.5 N/S 4.83 Water Reclaimation 4.75 _ 5 5 _ 4 N/S 4.69 Contracted Services Engineering Services(Contracted) 4.75 5 5 4 N/S 4.69 _ . Fire/Rescue Services(Contracted) 4.75 5 5 4 N/S 4.69 - Police Services(Contracted) 4.75 4.75 5 3.5 Solid Waste Recycling(Contracted) 4.5 _ 5 5 4 N/S 4.50 N/S 4.63 N/S= Not Scored 4.72 2015-2016 2014-2015 Section 1.Area Evaluation 4.56 4.69 Section II. Skills&Traits Evaluation 4.73 4.90 Section III. Quality of Municipal 4.72 4.59 Grand Total 4.67 4.73 ,`r`: -74' City of Cape Canaveral LA 4City Council Agenda Form _4 -. City Council Meeting Date: 06/21/2016 Item No. /0 Subject: City Council designate one (1) City Official to be the Voting Delegate at the 90th Annual Florida League of Cities Conference scheduled for August 18-20, 2016 — Diplomat Resort, Hollywood, Florida and decide if it wishes to propose resolution(s) for the League's consideration. Department: Administration Summary: The Florida League of Cities (FLC) is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's municipal governments. Growing from a small number of cities and towns, it now represents more than 400 cities, towns and villages. The League is governed by a Board of Directors comprised of elected municipal officials. The FLC's 90th Annual Conference is scheduled for August 18-20, 2016 at the Diplomat Resort, Hollywood, Florida. League By-Laws require that each member municipality sending delegates to the Annual Conference of the FLC designate one (1) of its officials to cast its votes at the Annual Business Session. Additionally, the FLC adopts resolutions each year to take positions on commemorative, constitutional or Federal issues. If City Council wishes to propose a resolution, it must be received by the League no later than July 12th, 2016. Staff requests Council designate one (1) City Official to be the Voting Delegate at the Conference and decide if it wishes to propose resolution(s) for the League's consideration. Submitting Department Director: Mia Gofort Date: j/Z-//‘ Letter, Designation of Voting Deleg to form and List of Important Dates Financial Impact: Cost of attendance at Conference; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial I Services Director: John DeLeo Date: )1 •. The City Manager recommends that City Council to a the following action(s): City Council designate one(1)City Official to be the Voting Delegate at the 90th Annual Florida League of Cities Conference scheduled for August 18-20, 2016—Diplomat Resort, Hollywood, Florida and decide if it wishes to propose resolution(s) for the League's consideration. Approved by City Manager: David L. Greene/3y Date: 6/2//I EGU o�'V. v+ o = G1 rim 301 South Bronough Street• Suite 300 • P.O.Box 1757 •Tallahassee,FL 32302-1757 •(850)222-9684• Fax(850)222-3806•www.floridaleagueofcities.com � r/ TO: Municipal Key Official 6 FROM: Michael Sittig, Executive Director DATE: May 17, 2016 SUBJECT: 90th Annual FLC Conference —Florida Cities: United& Strong VOTING DELEGATE INFORMATION August 18-20, 2016 — Diplomat Resort, Hollywood As you know, the Florida League of Cities' Annual Conference will be held at the Diplomat Resort, Hollywood, Florida on August 18-20. The theme for this year's conference is Florida Cities: United & Strong, which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2015. Conference registration materials will be sent to each municipality in the month of June. Materials will also be posted on-line. Call us if you need additional copies. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701-3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than August 12, 2016. Attachments: Form Designating Voting Delegate President Matthew D. Surrency,Mayor,Hawthorne First Vice President Susan Haynie,Mayor,Boca Raton • Second Vice President Gil Ziffer, Commissioner,Tallahassee Executive Director Michael Sittig • General Counsel Harry Morrison,Jr. 90th Annual Conference Florida League of Cities, Inc. August 18-20, 2016 Hollywood, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By-Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Fax to Gail Dennard at (850) 222-3806 or email gdennard@flcities.com Important Dates May 2016 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 2016 Appointment of Resolutions Committee Members July 12th Deadline for Submitting Resolutions to the League office August 18th Policy Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 20th Immediately Following Breakfast—Pick Up Voting Delegate Credentials Followed by Annual Business Session