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HomeMy WebLinkAboutPacket 10-19-2004CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSENT AGENDA.- City GENDA: Aty of Cape Canaveral CIL REGULAR MEETING rY HALL ANNEX ue, Cape Canaveral, Florida TUESDAY -tober 19, 2004 7:00 PM AGENDA City Council Regular Meeting Minutes of October 5, 2004. 2. Special City Council Meeting Minutes of September 20, 2004 and September 29, 2004 (Budget Hearings). 3. Emergency City Council Meeting Minutes of September 1, 2004 and September 7, 2004. 4. Proclamation for National Epilepsy Awareness Month. 5. Resolution No. 2004-33; Reappointing Three Regular Members and one Alternate Member to the Beautification Board (J. Hale, E. Mars, C. Flanagan and T. Garboski). 6. Canceling the Tuesday, November 2, 2004 City Council Meeting Due to the General Election and Scheduling a Special Meeting to Certify the Election Results on November 4, 2004. 7. Outdoor Entertainment Permit for the Halloween Street Dance. 8. Outdoor Entertainment Permit for the Traveling Skate Park. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Cft# of Cape Canaveral, Florida City Council Regular Meeting October 19, 2004 Page 2 CONSIDERATION: 9. Motion to Approve: City Planner Contract Services with Todd Peetz, Miller Legg Associates, Inc. 10. Motion to Approve: Interlocal Agreement with Brevard County for Participation in the Educational Facilities Impact Fee Program. 11. Motion to Approve: City Manager's Evaluation. RESOLUTIONS: 12. Motion to Adopt: Resolution No. 2004-38; Authorizing a Five -Year Extension to the Garbage Collection and Recycling Services Agreement with Waste Management, Inc. of Florida. 13. Motion to Adopt: Resolution No. 2004-39; Revising the Adopted Schedule of Fees for the Collection and Disposal of Solid Waste, in Accordance with the Solid Waste Franchise Agreement Between the City of Cape Canaveral and Waste Management, Inc. of Florida. 14. Motion to Adopt: Resolution No. 2004-40; Amending the Legal Services Agreement. ORDINANCES: First Public Hearing: 15. Motion to Approve: Ordinance No. 20-2004; Amending Code Section 2-171 Entitled Boards, Committees, Commissions; Providing for the Appointment of Ex - Officio Members to City Boards and Committees, at first reading. 16. Motion to Approve: Ordinance No. 21-2004;Amending Code Chapter 54 Entitled Parks and Recreation; Providing for Revised Park Operating Hours, at first reading. 17. Motion to Approve: Ordinance No. 22-2004; Amending Chapter 62 Entitled Solid Waste, Relating to the Immediate and Continuing Need for Collection and Disposal of Bulk Trash, Refuse, Vegetative Waste, and Recyclable Materials from the City of Cape Canaveral, at first reading. DISCUSSION: 18. Legislative Priorities for the Year 2005. WWof Cape Canaveral, Florida 'City Council Regular Meeting October 19, 2004 Page 3 REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that H a person derides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY October 5, 2004 7:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Council Member Council Member Absent: Mayor Others Present: City Manager City Attorney Assistant City Clerk CONSENT AGENDA: MINUTES Bob Hoog Steve Miller Jim Morgan Richard Treverton Rocky Randels Bennett Boucher Anthony Garganese Virginia Haas City Council Regular Meeting Minutes of September 21, 2004. 2. Proclamation for Florida City Government Week. 3. Resolution No. 2004-37; Appointing an Alternate Member as a Regular Member to the Board of Adjustment (P. Collins). No request was made to remove any items for discussion. City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2004 Page 2 of 4 A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve Consent Agenda Items No. 1 through 3. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 4. Motion to Adopt: Ordinance No. 17-2004; Amending Chapter 26, Elections; Exempting the City from the Provisions of Section 101.657, Florida Statutes, Regarding Early Voting by Creating a New Section 26-5 Entitled "Early Voting Exemption", at second reading. Mayor Pro Tem Hoog read Ordinance No. 17-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, CHAPTER 26, ELECTIONS; EXEMPTING THE CITY FROM THE PROVISION OF SECTION 101.657, FLORIDA STATUTES, REGARDING EARLY VOTING BY CREATING A NEW SECTION 26-5 ENTITLED "EARLY VOTING EXEMPTION;" PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Ordinance No. 17-2004, at second reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; and Mr. Treverton, For. 5. Motion to Adopt: Ordinance No. 18-2004; Amending Chapter 2, Article V, Entitled Finance; Establishing a New Section 2-207, Entitled Personal Property Control, at second reading. Mayor Pro Tem Hoog read Ordinance No. 18-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE V OF THE CODE OF ORDINANCES, ENTITLED FINANCE; ESTABLISHING A NEW SECTION 2-207, ENTITLED PERSONAL PROPERTY CONTROL; PROVIDING DEFINITIONS; PROVIDING FOR RECORD AND INVENTORY CONTROL OF CITY -OWNED PERSONAL PROPERTY; PROVIDING FOR SUPERVISION AND CONTROL OF PROPERTY; PROVIDING FOR GUIDELINES FOR PROPERTY ACQUISITION AND DISPOSITION OF SURPLUS PROPERTY; PROVIDING FOR VALUATION OF PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2004 Page 3 of 4 A motion was made by Mr. Morgan and seconded by Mr. Miller to Adopt Ordinance No. 18-2004, at second reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For; Mr. Morgan, For; and Mr. Treverton, For. REPORTS: 1. • Mr. Boucher stated that a counter offer from Randy O'Brien was made at $2.1 Million and Mr. O'Brien added that he would like a 7% commission for his real estate agent. Mr. Morgan expressed that this was too high. Mayor Pro Tem Hoog agreed. Mr. Boucher was directed to confer with Mr. O'Brien about the City's final offer of $1.35 million. • Mr. Boucher stated the garbage franchise agreement has been reviewed by Attorney Garganese and Ms. Bowers. The final document will be distributed on 10-06-04 for Council's review. • Mr. Boucher stated that staff is currently working closely with FEMA and contractors on the City's recovery. • Mayor Randels and Mr. Boucher met with the president of FPL and spoke about preventative and maintenance measures. Mr. Boucher encouraged FPL to pursue the tree trimming program. • Mr. Boucher reported that the Annexation Town Meeting is scheduled for this Thursday, October 7, 2004 at 7 PM at the Cape Canaveral Library. • Mr. Boucher commended staff for a fine job during the two storms. Mr. Morgan thanked Mr. Boucher for keeping him informed while out of State. 2. Staff Attorney Garganese reported that an order to show cause had been filed regarding the annexation of Avon by the Sea. A legal brief and opposition must be filed within 20 days of receipt of the order to show cause. 3. City Council • Mr. Miller: No report 0 Mr. Morgan commended the City on the handling of the disasters. City of Cape Canaveral, Florida City Council Regular Meeting October 5, 2004 Page 4 of 4 AUDIENCE • Mr. Treverton thanked the City and inquired as to the City Manager's evaluation and whether this item could be placed on the next City Council agenda. • Mr. Hoog thanked Mr. Boucher for keeping him informed during the storms. • Mr. Nicholas thanked Council, Staff, and FEMA, and stated that the City looks great considering the past two storms. • Joyce Barry, Tyler Avenue inquired about the pickup of the debris on the beaches. Mr. Boucher responded that Keep Brevard Beautiful along with Brevard Joblink will hire displaced workers through a grant to clean up the beaches. • Mr. Petsos thanked Public Works, Fire Department, and City staff for great work during the disasters. Mr. Petsos stated that the sand fences held up great and would like to see another sand fence project begin soon. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 7:30 P.M. Bob Hoog, MAYOR PRO TEM Virginia Haas, ASSISTANT CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida MONDAY September 20, 2004 5:30 PM MINUTES CALL TO ORDER: ROLL CALL: Mayor Pro Tem Bob Hoog Council Member Steve Miller Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Recreation Director Nancy Hanson Building Official Todd Morley Canaveral Precinct Commander George McGee Canaveral Precinct Lt. Tom Young RESOLUTION: 1. Resolution No. 2004-29; Adopting the Tentative Millage for Fiscal Year 2004/2005. Mayor Randels read the Resolution in its entirety. A RESOLUTION OF THE CITY OF CAPE CANAVERAL OF BREVARD COUNTY, FLORIDA, ADOPTING A PROPOSED MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2004/2005 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and City of Cape Canaveral, Florida City Council Special Budget Meeting September 20, 2004 Page 2 of 5 WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.3740 mills on the dollar of taxable value for the 2004/2005 fiscal year for the City of Cape Canaveral, Florida. This millage is a 12.09% increase from the rolled back rate of 3.0101. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of .0500 mill for the Library Dependent Special_District, as approved in the 1985 referendum election. This proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 1.2060 mills for Fire/Rescue Service General —Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This proposed ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a proposed millage rate of 1.7500 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. This proposed ad valorem tax shall be levied upon the 2004 Tax Assessment City of Cape Canaveral, Florida City Council Special Budget Meeting September 20, 2004 Page 3 of 5 Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 6. This Resolution shall become effective immediately upon its adoption. Mayor Randels stated that City Council Budget Workshops were held on 7/8, 7/15, 7/20 and 7/27 to review each departments proposed budget for Fiscal Year 2004/2005. The Tentative Proposed Millage was set on August 3, 2004. There was no additional comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004-29 Adopting the Tentative Millage for Fiscal Year 2004/2005. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCE: First Public Hearing: 2. Ordinance No. 19-2004: Adopting the Annual Budget for Fiscal Year 2004/2005. Ms. Bowers explained to the Council that the Budget presented included any amendments since the Proposed Budget. Mayor Randels read the Ordinance in its entirety. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, AND EXPENDABLE TRUST FUNDS BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30,2005; PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2004, and ending September 30, 2005, are hereby approved and adopted. Section 2. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida City Council Special Budget Meeting September 20, 2004 Page 4 of 5 Mayor Randels stated that the Beautification fund taxes were reduced by 3 percent or $3,200. He also noted addition funds for Capital Expansion. Mayor Randels inquired about the reduced $14,000 under the Local Option Gas Tax. Ms. Bowers replied that the amount is computed from revenues and population. Mayor Randels also inquired about the $10,500 reduction in Fire Equipment. Ms. Bowers replied that the line item was moved from Capital to Contingency. Mayor Randels noted a reduction in the Contingency Fund. Ms. Bowers replied that Law Enforcement's Contingency Fund was reduced, however Expenses were increased. Mr. Boucher informed that Canaveral Port Authority budget for a 5 percent increase and the money could fund one-half of the Lieutenant's salary and 4 percent was added to this year's Operating Expenses from the City. Commander McGee expressed the need for a bomb dog due to increased Homeland Security measures. He pointed out that in-kind mutual aid is extended among entities in the County. Mayor Randels clarified that overall there was a 5 percent increase. Discussion clarified that the School Crossing Guards budget is included in Public Safety. Ms. Bowers clarified that the Council was not approving the Law Enforcement contract at this time, but outlining funds for their budget. Mr. Boucher stated that the Council if they desired could approve the $83,000 in funds now or at the close of budget on September 30, 2004. Discussion clarified that the book closing adjustment language would be added to the Law Enforcement contract. Mayor Randels remarked that the recent hurricane identified the need for a washer, dryer and ice machine in the Precinct. Mr. Gardulski replied to Mayor Randels that there was reduction in reuse funding due to a built -out system. He replied to Mayor Pro Tem Hoog that he is waiting for landscape plants for the City South entrance sign due to unavailability caused by the recent hurricanes. Ms. Shannon Roberts asked about the population base that was used for the budget. Mayor Randels replied that the budget is based on the ad valorem taxes assessed by the Property Appraiser's Office. Ms. Bowers stated that much of the Budget increase is in grants and other revenue sources. Ms. Roberts pointed out that there seems to be an increasing concern in the level of service from the Sheriffs office. She commented that the Sheriff's Office does not appear to have the resources available to respond to requests such as that of fireworks or loitering. Commander Mc Gee stated that supervision could not be factored into the equation of need versus staff. He pointed out that the City is influenced by a flux in population. Mr. Boucher said that Ms. Roberts' concern might be one of active patrols in her area. Ms. Roberts said that there does not appear to be adequate resources for the aquatic equipment. She stated that patrol on the water as well as the land might provide a greater level of coverage. Commander McGee offered to meet with Ms. Roberts to further discuss Law Enforcement operations and staffing. He informed the Council that Law Enforcement does not address issues outside of a 100 -mile ocean radius. Commander McGee also pointed out that the City's demographic is changing along with the type of service City of Cape Canaveral, Florida City Council Special Budget Meeting September 20, 2004 Page 5 of 5 requests. Ms. Roberts replied that a level of law enforcement staff support is the core of her concern. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 19-2004; Adopting the Annual Budget for Fiscal Year 2004/2005. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 6:40 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida WEDNESDAY September 29, 2004 5:30 P.M. CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Mayor Council Members Absent: Council Member Council Member Others Present: City Manager City Clerk City Treasurer Building Official Canaveral Precinct Cape Canaveral Volunteer Fire Dept. RESOLUTIONS: MINUTES Bob Hoog Steve Miller Rocky Randels Jim Morgan Richard Treverton Bennett Boucher Susan Stills Andrea Bowers Todd Morley Commander George McGee Chief Dave Sargeant Resolution No. 2004-34; Adopting the Millage for Fiscal Year 2004/2005. Mayor Randels read the Resolution in its entirety. A RESOLUTION ADOPTING A MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 2004 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. City Council Special Meeting Adopting the Final Millage and Budget September 29, 2004 Page 2 of 5 WHEREAS, the electors approved in the 1985 referendum election the construction, maintenance and operation of a library by ad valorem taxes; and WHEREAS, the electors approved in the 1986 referendum election the imposition of ad valorem taxes for beautification projects; and WHEREAS, the electors approved in the 1990, 1994 and 2001 referendum elections the imposition of ad valorem taxes for Fire/Rescue Services; and WHEREAS, the electors approved in the 1990, 1994 and 2002 referendum elections the imposition of ad valorem taxes for Police Protection; and WHEREAS, the City wishes to impose said ad valorem taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total millage for all City operating purposes is 3.3740 mills on the dollar of taxable value for the 2004/2005 fiscal year for the City of Cape Canaveral, Florida. This millage is a 12.09% increase from the rolled back rate of 3.0101. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of .3680 mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of .0500 mill for the Library Dependent Special District, as approved in the 1985 referendum election. This ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.2060 mills for Fire/Rescue Service General Operating Millage, as approved in the 1990, 1994 and 2001 referendum elections. This ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a millage rate of 1.7500 mills for Police Protection General Operating Millage, as approved in the 1990, 1994 and 2002 referendum elections. City Council Special Meeting Adopting the Final Millage and Budget September 29, 2004 Page 3 of 5 This ad valorem tax shall be levied upon the 2004 Tax Assessment Roll for ad valorem tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's fiscal year beginning October 1, 2004 and ending September 30, 2005. Section 6. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 29th day of September, 2004. There was no public comment. A motion was made by Mr. Miller and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004-34; Adopting the Millage for Fiscal Year 2004/ 2005. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For and Mayor Randels, For. 2. Resolution No. 2004-35; Authorizing an Addendum to the Agreement for Fire Protection and Emergency Medical Services. Mayor Randels read the Resolution by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND THE CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC.; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that the Addendum calls for a price revision to Paragraph 12 of Contract for a base annual contract price of $845,978 paid monthly in the sum of $70, 498.16. Payments begin on October 1, 2004 and continue every month thereafter. Mayor Pro Tem Hoog asked what would happen if agreement could not be reached with the Fire Department. Mayor Randels replied that he believed the contract would proceed to mediation. Commander McGee stated that the Sheriff's Contract has a mediation provision. Chief Sargeant stated that the Council establishes the level of service. He also said that a provision for mediation could be included in the main body of the contract for future negotiations. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Resolution No. 2004-35; Authorizing an Addendum to the Agreement for Fire Protection and Emergency Medical Services. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For and Mayor Randels, For. City Council Special Meeting Adopting the Final Millage and Budget September 29, 2004 Page 4 of 5 3. Resolution No. 2004-36; Authorizing an Addendum to the Agreement for Law Enforcement Services. Mayor Randels read the Resolution by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN ADDENDUM TO THE CONTRACT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND PHILIP B. WILLIAMS, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels stated that the Contract price to be paid by the City to the Brevard County Sheriffs Office as outlined in the Addendum in Section 7.1 is $2,002,304. He stated that the City shall pay Personal Services and Operating Expenses in the sum of $1,918,334 and shall be made in 12 equal monthly payments of $159,861.16 payable on the first day of each month. Mayor Randels also stated that in Section 7.3 Capital Purchases in the sum of $83,970 shall be reimbursed by the City as they occur within 30 days of receiving notice by the Brevard County Sheriff's Office. This amount may be amended once the 2003/2004 Contract is closed out. Mr. Boucher concluded that this is the last year of the existing Contract with the Brevard County Sheriff's Office. There was no public comment. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller to Adopt Resolution No. 2004-36; Authorizing an Addendum to the Contract for Municipal Law Enforcement Services Between the City of Cape Canaveral, Florida and Philip B. Williams, as Sheriff of Brevard County. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For and Mayor Randels, For. ORDINANCE: Second Public Hearing: 4. Ordinance No. 19-2004: Adopting the Budget for Fiscal Year 2004/2005. Mayor Randels read the ordinance in its entirety. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, SEWER ENTERPRISE FUND, SPECIAL REVENUE FUNDS, DEBT SERVICE FUND, EXPENDABLE TRUST FUNDS, AND CAPITAL IMPROVEMENT BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2004, AND ENDING SEPTEMBER 30, 2005; PROVIDING FOR AN EFFECTIVE DATE. Be It Resolved by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: City Council Special Meeting Adopting the Final Millage and Budget September 29, 2004 Page 5 of 5 Section 1. The Annual General Fund, Sewer Enterprise Fund, Stormwater Enterprise Fund, Special Revenue Funds, and Expendable Trust Funds Budgets which are attached hereto and by reference made a part hereof of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2004 and ending September 30, 2005, are hereby approved and adopted. Section 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 29th day of September, 2004. Mayor Randels stated the amount in each Fund from the Budget Summary as: General Fund - $7,213,457; Sewer Enterprise Fund -$3,947,202; Stormwater Enterprise Fund - $611,902; Library Fund - $37,577; Beautification Fund - $459,907; Fire Trust Fund - $30,000; Police Education Fund - $10,000; Capital Expansion Fund - $636,373 and Law Enforcement Trust Fund - $2,910. Ms. Bowers noted that she planned to move $5,000 from the Fire Department operating budget and add it to the Contingency Fund. Mr. Boucher stated that this change could occur during the Quarterly Fund Adjustment. Mayor Pro Tem Hoog asked if Legal Counsel were satisfied with their fees. Mr. Boucher replied that an adjustment would be made to the Legal Services Contract during the second City Council meeting in October. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Miller; Adopting Ordinance No. 19-2004 on the Budget for Fiscal Year 2004/2005. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Miller, For and Mayor Randels, For. ADJOURNMENT: There being no further business, the chair adjourned the meeting at 5:59 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL EMERGENCY MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida WEDNESDAY September 1, 2004 5:00 P.M. MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Steve Miller Mayor Rocky Randels Council Member Richard Treverton Council Members Absent: Council Member Jim Morgan Others Present: City Manager Bennett Boucher City Clerk Susan Stills Building Official Todd Morley DISCUSSION: 1. Emergency Management Procedures Due to Hurricane Frances. The City Manager reported that: • He met with CERT volunteers at 9 A.M. These volunteers will assist in recovery efforts and will also act as tour guides during the debris removal process. • The Fire Department has the City's chain saws in order to open the way for the recovery efforts. • The causeway and bridge conditions will regulate resident's return. • Communications would remain open and two Satellite telephones were on order. • City staff and their families are scheduled to relocate to the Amerisuites Hotel in Lakeland. Reservations are in progress. Employees who do not choose to go to this location need to contact their Supervisors as soon as possible following the hurricane. City of Cape Canaveral, Florida City Council Emergency Meeting September 1, 2004 Page 2 of 2 • Employees will be on Administrative Leave the reminder of the week and subject to return only if the evacuation is called off. • The local State of Emergency regulations will prevail with a dusk to dawn curfew. • A Public Information Hotline is available by calling 321-637-4070. • He met with staff periodically throughout the day to provide updates and staff was directed to proceed in preparedness mode. Building Official • Mr. Morley reported that the Puerto Del Rio construction would proceed with a roof pouring on Thursday morning. He noted the action as a safety conscious move. Mr. Boucher replied to Mayor Randels that it is the State Troopers' goal to prevent congestion on State Road 1-4 by the time of Tropical Force winds. • City Manager reported that paychecks were distributed today and key personnel received their return passes. • Fire rescue would return to the City first, then cleanup and assessment would begin. Residents and business owners would return last. • He announced that the Tuesday night City Council Regular Meeting on September 7th was tentative and the Annexation Town Meeting scheduled for September 2nd was cancelled. In closing, any and all future decisions would depend on the Governor's executive order. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 5:40 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL EMERGENCY MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 7, 2004 5:00 P.M. MINUTES CALL TO ORDER: ROLL CALL: Council Members Present: Mayor Pro Tem Bob Hoog Mayor Rocky Randels Council Member Richard Treverton Council Members Absent: Council Member Steve Miller Council Member Jim Morgan Others Present: City Manager Bennett Boucher City Clerk Susan Stills Public Works Director Ed Gardulski Building Official Todd Morley Recreation Director Nancy Hanson DISCUSSION: 1. Follow-up Reporting Due to Hurricane Frances. Mr. Boucher reported that overall the City endured the hurricane well and he commended staff for their response to the situation. Cape Canaveral Volunteer Fire Department Chief Sargeant reported that the damage assessment reporting was submitted to the Building Department for follow-up. He related that assessment began between the squalls. The fire station did not close during the hurricane. He reported on two injuries that involved falling trees. He also reported that CERT volunteers helped to distributed ice and water from the fire station transported there by Public Works employees. City of Cape Canaveral City Council Emergency Meeting September 7, 2004 Page 2 of 4 Chief Sargeant reported on a fire at the Sun Cruz building at Port Canaveral. Chief Sargeant also reported that FPL worked cooperatively with staff in an effort to restore power throughout the City. He also reported that he worked cooperatively with Coastal Fuels to provide fuel to the Police Station, Fire Station and Public Works. Mr. Boucher asked if the hospital was open. Chief Sargeant replied not at this time, however, the fire station assisted with minimal emergency treatment. He said that at this time only two traffic signals were reported inoperable. He informed that the State Law Enforcement was available. He reported that Publix supermarket in Cocoa Beach supplied food for CCVFD staff and law enforcement personnel. Chief Sargeant said that the Port Authority has also supplied fuel and there is an adequate supply of gasoline. Mayor Randels asked about the Shrimp Fleet. Chief Sargeant replied that the Port had major shoaling. He did not think that there would be movement before Friday. SHERIFF'S OFFICE CANAVERAL PRECINCT Sgt. Tom Young reported that evacuation of Precinct Personnel occurred on Saturday due to the anticipation of water exceeding the dune line. He related that he worked cooperatively with CCVFD on emergency responses. Sgt. Young replied to Mayor Randels that there was an adequate level of law enforcement coverage due to the extra number of personnel from other agencies. He stated that the curfew would remain in effect from midnight to dawn. Chief Sargeant replied to Mayor Randels that trees and debris were removed during the search and rescue efforts. Mr. Boucher reported that a tentative goal of Noon September 6th was set for completion of recovery operations. Sgt. Young replied that businesses might be waiting to determine Hurricane Ivan's path before removing plywood from their buildings. Chief Sargeant stated that staff would cover any issues that would help make any future situations equally if not more effective that the response to this emergency situation. BUILDING OFFICIAL Mr. Morley reported on damaged roofs. He stated that electrical problems would provide the most hazards. Mayor Randels asked if meters should be removed. Mr. Morley replied that the Fire Department turned off power if the site was found hazardous. He reported that he has written some temporary permits and identified some homes as unsafe. Mr. Morley restated that electrical hazards were the greater problem. He stated that roof damage exceeded structural damage. He replied to Mayor Randels that the City makes the cost estimate on damage funding from FEMA. Mr. Boucher said that individual residents would need to acquire a packet by contacting the FEMA office. Mr. Boucher asked for the authority to suspend roofing permit fees at this time. Mr. Morley pointed out that other industries might have ill feelings if only one industry is waived. Mr. Boucher replied that the intent of this action would provide safe habitation. Mr. Morley asked who is authorized to permit roofing work by those other than General Contractors. Mr. Boucher informed that the Governor would need to make that decision through Executive Order. City of Cape Canaveral City Council Emergency Meeting September 7, 2004 Page 3 of 4 A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to suspend all roofing permit fees with the permit applied for within 30 days due to Hurricane Frances. The vote on the motion carried 3-0 with voting as follows: Mayor Pro Tem Hoog, For; Mayor Randels, For and Mr. Treverton. PUBLIC WORKS Mr. Gardulski reported on downed power lines. He stated that the plant operated from its emergency generator for four and he reported Lift Station 8 in need of repair. He also reported that Lift Station Two was working on emergency generator and Lift Station Nine would be on a by-pass pump. Mr. Gardulski informed that inmate crews and waste management staff would be available on Wednesday to begin citywide clean up. He reported on the success of the beach sand fences to accumulate much of displaced sand. Mr. Gardulski replied to Mayor Randels that he would check with the Florida Department of Environmental Protection on permits before entering the dune area. Mayor Randels spoke in favor of the Sand Fence project. CITY MANAGER Mr. Boucher reported that Brevard County has two contractors who will pick up green waste at $22.75 per cubic yard. He also reported that Waste Management was out removing debris with the clam truck and said that regular trash pick-up is set for Thursday. Mr. Boucher noted that private subdivisions are not subject to the Federal Emergency Management Agency. Mayor Pro Tem Hoog asked if the City could execute an agreement with Waste Management for pick-up. Mr. Boucher replied that the City would pay if the debris were picked up in private subdivisions. Mayor Randels expressed the Council response that debris removal should be equitably applied. Mr. Boucher responded to Mayor Pro Tem Hoog that the City incurs a cost when Waste Management removes excessive green waste. • Mr. Boucher reported that as of 1:00 P.M. there were 150,000 residents in the County without power. He also reported that there is discussion between the County and the School Board to keep schools closed through the end of the week due to potential hazards. He said that the South County is under a boil water alert. • Mr. Boucher reported that 22 chickens tested positive for the West Nile virus. • Mr. Boucher informed that the County ordered 9,000 tarps and 4,000 arrived at the aid centers. Residents could obtain these supplies if they went to the station at Byrd Plaza in Cocoa; however pick up was needed for distribution on the beachside. • Mr. Boucher informed that residents and businesses should call 1 -800 -621 - FEMA [3362] to receive an application number and an information packet for damage claims. City of Cape Canaveral City Council Emergency Meeting September 7, 2004 Page 4 of 4 • Mr. Boucher related that the Budget Hearing would be postponed and the School Board needed to determine another date in order to reestablish the Budget schedule. • Mr. Boucher said that he would find out when Cape Canaveral Hospital would open during his next conference call at 7:00 P.M. • Mr. Boucher commended staff again for their exemplary efforts. • Mr. Boucher reported that City Hall sustained damage due to the air-conditioning unit. He planned to use the Recreation Center as a temporary work site for City Hall staff. Mr. Boucher replied to Mayor Randels that the A/C hood was blown off however the unit was still operable. • Mr. Boucher replied to Mayor Randels that the Code Enforcement Board Meeting scheduled for Thursday would be cancelled. • Mr. Boucher informed that the City Clerk, Assistant City Clerk and City Treasurer provided information in front of City Hall for inquiring residents throughout the day. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 6:05 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings; and WHEREAS, as long ago as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder; and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. it is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses; and WHEREAS Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown; and WHEREAS, Epilepsy can affect anyone, at any age and at any time; and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents; and WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled; and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance; and WHEREAS, studies carried out in the United States over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barer to employment with unemployment rates estimated to fall between twenty and twenty-five percent; and WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. NOW, IWEREFORF, 1, Rocky Randels, Mayor and Council Members of the City of Cape Canaveral, Brevard County, Florida, do hereby declare the month of November as NATIONAL EPILEPSY AWARENESS MONTH COMMITTEE FOR EPILEPSY AWARENESS 6670 ROYAL PALM BLVD BLDG. K APT. 302 MARGATE, FLORIDA 33063-2189 Jerry Pizza, Chairman Bill Naulty, Secretary (954) 984-8319 (561) 798-2798 October, 2004 Dear C4 / The month of November is "NATIONAL EPILEPSY AWARENESS MONTH". The Committee for Epilepsy Awareness would greatly appreciate your assistance in helping bring about an awareness of this disorder. Due to lack of correct information and an abundance of misinformation, people afflicted with Epilepsy have been discriminated against in all walks of life. It is our goal to remove the ancient myths, superstitions and prejudices associated with this disorder and educate people as to what Epilepsy is and what Epilepsy is not. Enclosed, please find a copy of our resolution. If your municipality participates in our awareness campaign, please send a copy of the resolution or proclamation to: Jerry Pizza — Chairman Committee for Epilepsy Awareness 6670 Royal Palm Blvd. Bldg. K. Apt. 302 Margate, Florida 33063-2189 Thank you in advance for your interest in and concern for people afflicted with Epilepsy. Sincerely, Jerry Pizza Chairman P.S. Thanks to your support, last year 366 communities participated in our awareness campaign. COMMITTEE FOR EPILEPSY AWARENESS Jerry Pizza — Chairman (954) 984-8319 William C. Naulty - Secretary (561) 798-2798 RESOLUTION DECLARING NOVEMBER, 2004 AS NATIONAL EPILEPSY AWARENESS MONTH WHEREAS, Epilepsy, also known as Seizure Disorder, has afflicted mankind since the dawn of our species and has been recognized since the earliest medical writings, and WHEREAS, as long as 400 B.C., Hippocrates, the Father of Medicine, repudiated ancient beliefs that Epilepsy was a visitation from the gods and sacred or that it was a curse from the gods that people afflicted with this disorder held prophetic powers. Hippocrates believed that Epilepsy was a brain disorder, and WHEREAS, a seizure is a sudden, brief attack of altered consciousness, motor activity or sensory phenomena. It is a sign that certain brain cells (neurons) are discharging an excessive amount of electrical impulses, and WHEREAS, Epilepsy can be caused by injury to the brain, lack of oxygen at birth, brain tumor, infection and brain hemorrhage. In sixty percent of the cases, the cause is unknown, and WHEREAS, Epilepsy can affect anyone, at any age and at any time, and WHEREAS, more than two million Americans are afflicted with some type of Epilepsy. Of this number, 150,000 are Florida residents, and WHEREAS, with the administration of anticonvulsant drugs, two thirds (66.66%) of those afflicted with Epilepsy are drug controlled, and WHEREAS, lack of education about this disorder has contributed to age old myths, superstitions and prejudices, and WHEREAS, the stigma associated with this disorder is sometimes worse than the disorder itself, and WHEREAS, people who have Epilepsy make reliable and conscientious workers in job performance, productivity, safety, cooperation and attendance, and WHEREAS, studies carried out in the UNITED STATES over the past thirty years have indicated that of all disabilities, Epilepsy poses the greatest barrier to employment with unemployment rates estimated to fall between twenty and twenty-five percent. WHEREAS, Epilepsy should not be a barrier to success. In addition to the normal requirements for success, a person who has Epilepsy needs a supportive environment and employers who are willing to give them an opportunity to become productive citizens. Be it resolved, that the governing body of: does hereby declare the month of November as National Epilepsy Awareness Month. Be it further resolved, that a copy of the Resolution or Proclamation be sent to the Committee for Epilepsy Awareness, 6670 Royal Palm Blvd., Bldg .K., Apt. 302, Margate, Florida 33063-2189 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Consent Agenda Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-33; REAPPOINTING MEMBERS TO THE BEAUTIFICATION BOARD. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council adopts Resolution No. 2004-33; Reappointing Judy Hale, Elizabeth Mars and Christine Flanagan as Regular Members and Thomas Garboski as an Alternate Member of the Beautification Board. Summary Explanation & Background: See Attached Resolution. Exhibits Attached: Resolution No. 2004-33. City M s Office ;--� j' Department RESOLUTION NO. 2004-33 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING TWO REGULAR MEMBERS AND ONE ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by Code Section 2-181 established the Beautification Board of the City of Cape Canaveral, Florida; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Judy Hale is hereby reappointed as regular member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2007. SECTION 2. Elizabeth Mars is hereby reappointed as a regular member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2006. SECTION 3. Christine Flanagan is hereby reappointed as a regular member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2006. SECTION 4. Thomas Garboski is hereby reappointed as an alternate member of the Beautification Board of the City of Cape Canaveral, Florida, with a term to expire on November 1, 2005. SECTION 5. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of October 2004. ATTEST: Rocky Randels, MAYOR Bob Hoog Steve Miller Jim Morgan Susan Stills, CITY CLERK Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Uarganese, (.;I I Y A I I UKNtY FOR AGAINST City of Cape Canaveral September 20, 2004 Judy Hale 110 Washington Ave. Cape Canaveral FL 32920 Dear Ms. Hale: Your term on the Beautification Board expires on November 1, 2004. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 19, 2004. Thank you. DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. celd (Signature) B tiff tion Board, Regular Member Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CITY OF CAPE CANAVERAL September 20, 2004 PF Elizabeth Mars 430 Madison Avenue Cape Canaveral, FL 32920 Dear Ms. Mars: Your term on the Beautification Board expires on November 1, 2004. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 19, 2004. Than yo . I DO wish to be considered for reappointment. ❑ I DO NOT wish obe considered for reappointment. �L(Signature) ge&#Fication Board, Regular Member Sincerely, ! r t Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 wwwmyflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral CITY OF CAFE CANAVERAL fI' Christine Flanagan 8501 Ridgewood Ave., #12 Cape Canaveral, FL 32920 pr Dear Ms. Flanagan: Your term on the Beautification Board expires on November 1, 2004. Please check the box that indicates your desire to continue to serve on the Board for another two-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 19, 2004. Thank you. d 1 DO wish to be considered for reappointment. ❑ 1 DO NOT wish to be considered for reappointment. 0 (Signature) Beautification Board, Regular ember Sincerely, :f-577 „ 9 Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveralOcfl.rr.com September 20, 2004 Thomas Garboski 303 Surf Drive Cape Canaveral, FL 32920 Dear Mr. Garboski: T Of Cape Canaveral Your term on the Beautification Board expires on November 1, 2004. Please check the box that indicates your desire to continue to serve on the Board for another one-year term and return this notice to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, October 19, 2004. Thank you. P( I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) Beautification Board, Alternate Member Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape o e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Consent Agenda Rem g No. Please advise. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CANCELLATION OF THE TUESDAY, NOVEMBER 2, 2004 MEETING DUE TO THE ELECTION AND SCHEDULING A MEETING TO CERTIFY THE ELECTION RESULTS ON NOVEMBER 4, 2004. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council considers canceling the Tuesday, November 2, 2004 regular meeting due to the Election. Schedule a Special Meeting on November 4, 2004 at 5 P.M. to certify the Election results. Summary Explanation & Background: The certification of the Election results is a Charter provision. Please advise. Exhibits Attached: Charter provision. City M 's Office - ! Department Art. XVII, § 9 CAPE CANAVERAL CODE by state law or unnecessary as home rule powers of a munic- ipality are derived from the constitution and F.S. ch. 166. State law reference—Annual audit, F.S. §§ 166.241, 218.32. Sec. 10. [Purchasing policy and procedures.] Editor's note—Pursuant to F.S. § 166.021(5), this section was repealed by Ord. No. 9-93, adopted May 18, 1993. Provi- sions relating to purchasing are found in the Code of Ordi- nances, section 2-216 et seq. ARTICLE XVIII. REVENUE AND TAXATION Editor's note—This article has been editorially deleted as the procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. State law references—Ad valorem tax procedure, F.S. ch. 192 et seq.; financial matters, F.S. ch. 218. ARTICLE XIX. COLLECTION OF DELINQUENT TAXES Editor's note—This article has been editorially deleted as the procedure for assessment, levy and collection of ad va- lorem taxes has been preempted by the state in F.S. ch. 192 et seq. State law reference—Ad valorem taxes, F.S. ch. 192 et seq. ARTICLE XX. FINANCING PUBLIC IMPROVEMENTS Editor's note—This article, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as obsolete and unnecessary as home rule powers of a municipality are de- rived from the constitution and F.S. ch. 166. State law reference—Supplementary procedure for public improvements, F.S. ch. 170. ARTICLE XXi. ELECTIONS* Sec. 1. Rules prescribed by ordinance. The rules and regulations for the calling and conduct of elections shall be prescribed by ordi- *State law reference—Florida election code, F.S. chs. 97- 106. CHT 1 nance; provided the same shall not be in conflict with this act. Sec. 2. Voter qualifications, method of han. dling election, registration, disquali- fication, inspection of registration records. A. Regular election. The regular municipal elec- tions shall be held on the first Tuesday following the first Monday in November each year. (Amended by election, 3-11-80) B. Qualified voters and registrants. Editor's note—This subsection B., which has not been amended by referendum after July 1, 1973, and which is not an extraterritorial power, has been editorially deleted as su- perseded by F.S. §§ 97.041, 98.041, or unnecessary as home rule powers of a municipality are derived from the constitu- tion and F.S. ch. 166. State law references—Voter qualifications, F.S. § 97.041; voter registration, F.S. § 98.041 et seq. C. Elected councilmembers. The newly elected City Councilmembers shall assume the duties of their office at the next regular meeting of the Council following their election at the place nor- mally used for Council meetings. (Amended by election, 6-6-72; Ord. No. 38-93, § 8, 10-19-93) Secs. 3.-6. [Reserved.] (Deleted by election, 6-6-72) Sec. 7. Voter registration. There shall be no fee required for [voter] regis- tration in the City of Cape Canaveral. Sec. 8. Arrangements for elections. The City Council shall make all necessary ar- rangements for holding all municipal elections, and shall declare the results thereof. Sec. 9. Voting hours and results. The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the Clerk and the majority of the Election Board, one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmit such returns to the City Council at a meeting to be held not later than three days after such elec- CHARTER tions. At such meeting, the City Council shall can- vass such returns, and in the absence of a decla- ration of a contest, by any of the candidates in such election, shall declare the result of the elec- tion as shown by the returns made by Clerk and the Election Board for said election. A tie between two or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Editor's note—The reference to hours in which the polls are open has been editorially deleted as superseded by state law. State law reference—Poll hours established, F.S. § 98.041. Sec. 10. Recall of elected officers. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra. territorial power, has been editorially deleted as superseded by F.S. § 100.361. State law reference—Recall of municipal officials, F.S. § 100.361. Sec. 11. Reasons for recall. Editor's note—This section, which has not been amended by referendum after July 1, 1973, and which is not an extra- territorial power, has been editorially deleted as superseded by F.S. § 100.361. State law reference—Recall of municipal officials, F.S. § 100.361. Sec. 12. Initiative petition for ordinance. Any lawful ordinance, including ordinances for the repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Council by a petition, signed by at least twenty-five percent (25%) of the total number of registered voters in the City. All peti- tions circulated with respect to any proposed or- dinance shall set out the proposed ordinance in full and shall have printed or written thereon the name of five electors who shall be officially re- garded as filing the petition, and shall constitute a committee of the petitioners for purpose herein- after named; each signer of the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The signatures to any petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator Art. XXI, § 15 thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated. Sec. 13. Filing of initiative petition. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty (30) days of the first sig- nature thereon, and when so filed the City Clerk shall submit the same to the City Council at its next regular meeting and provisions shall be made by the City Clerk for public hearing upon the pro- posed ordinance. a Sec. 14. Procedure on initiative petition. The City Council shall at once proceed to con- sider such petition and shall take final action thereon within thirty (30) days after the date of submissions. If the City Council rejects any of the provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of such petition and the refusal of the City Council to pass said ordinance, to be published in a newspaper published in the County of Brevard, Florida, and the City Council shall at once proceed to submit the passage of the ordi- nance to the majority vote of the qualified electors of the City voting in such an election. If a regular or special election is to be held in the City, not earlier thanthirty (30) days, nor later than sixty (60) days, the ordinance shall be submitted to the voters at such an election; otherwise an election shall be called for such submission within sixty (60) days after the refusal of the City Council to pass such ordinance. At least ten (10) days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the County of Brevard, Florida. Sec:- 15. Petition effect on pending ordinance. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the CHT:15 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Consent Agenda Item 7 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR HALLOWEEN STREET DANCE DEPT./DIVISION: PARKS AND RECREATION Requested Action: City Council approves the Outdoor Entertainment Permit for the Halloween Street Dance to be held on Friday, October 29th as requested by the Recreation Director. Summary Explanation & Background: See Attached Memo and Permit Application. I recommend approval Exhibits Attached: Recreation Director's Memo/ Permit Application. City M ''s Of lc .-.-_- Department d CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec@earthlink.net MEMO TO: Mayor, Councilmembers FROM: Nancy Hanson, Director, Parks & Recreation Director � `W DATE: October 7, 2004 RE: Halloween Street Dance Attached is an application for an outdoor entertainment permit for the Recreation Department's annual Halloween Street Dance to be held in the City Hall Annex Parking Lot on Friday, October 29h from 6:30-8:00 p.m. Included with this request for the permit, I am asking for permission to close the streets to the south and to the east of the dance site from 6:00 to 8:30 p.m. This will allow for the children to arrive and depart safe from street traffic. In past years the Sheriff and Fire Department's have been on site to accomplish the closing. Thank you for considering this request. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAIN] ENT PERMIT Permit,No. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: N a n r H c� n s e n Title:R p r e a t i nn 0ireeteT Firm: CITY OF CAPE rANAyFRni aaoKS &RREGRmnHN DEPARTMENT Address:_ 7300 N. Atlantic Avenua Cape Canaveral Telephone: 8 6,q -1 22 7 FAX: Local Contact: Local Address (if different from above) Title: Type of Event: Hal l owPPn , Street Manse Event Date(s) in Cape Canaveral: Friday, O c t n h a r 2Q, 2004 Location(s): Dates) Time Annex Parking tot October 29th 6:30-8.On p m, Attach map(s) indicating event area and designated parking areas. OTraffic Control OUse of Police/Fire Rescue Equipment Xl$treet Closing OVehicles/Equipment on Beach ❑Other ❑Vehicle Parking on City Property Specify: Permission to close the street to the south(1st block of Taylor -and ctrpet to tho Pact(7nnn block of Pain-Set-tia Ave.) from Ave) By signing this application, the applicant acknowledges and agrees to the following provisions: I. TNSTTRANCE A written public liability insurance policy insuring the person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than 5300,000.00 dartiage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not less than 5500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus 550,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of insurance Co: League o f C i t i pc; Policy No: Expiration Date: IT. PROMOTIONAL ATTT HORiZATTON Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. in. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. TV. EYEMPTTONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you arc seeking. Date Applica t or ReprcsihtativuTitic Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event `within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 868-1230 Fax: (307) 799-3170 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Consent Agenda Item g No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR THE TRAVELING SKATE PARK DEPT./DIVISION: PARKS AND RECREATION Requested Action: City Council Considers the approval of the Outdoor Entertainment Permit for the Brevard County Traveling Skate Park scheduled for November 12 — 14, 2004 located in the Annex parking lot, as recommended by the Parks and Recreation Director. Summary Explanation & Background: See attached Memo and Permit. I recommend approval. Exhibits Attached: Recreation Director's Memo/ Permit Application. City Man Office Department CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec@earthlink.net MEMO TO: Mayor, Council Members, City Manager FROM: Nancy Hanson, Director, Parks & Recreation Director ; DATE: October 12, 2004 RE: Outdoor Entertainment Permit/Brevard County Traveling Skate Park The Recreation Department has made arrangements to bring the Brevard County Traveling Skate Park to Cape Canaveral November 12-14,2004. I have attached an Outdoor Entertainment Permit for your approval. The ramps will be set up in the south Annex parking lot on themorning of the 12�', and removed Monday a.m. on the 15''. Hours of operation will be: Friday the 12th from 3-6 p.m., Saturday the 13th from 10 a.m.-6:00 p.m. and Sunday the 14th from 12 noon to 6:00 p.m. No one will be allowed to participate unless a parent permission form is filled out and signed for those under the age of 18. A helmet is required, kneepads, elbow pads and wristguards are Strongly recommended. There will be supervision on site at all times. 10/12/2004 13:14 3216331850 PARKS & REC CENTRAL PAGE 02 Qcz 12 04 12: Parks & Recreation Dept_ 321-eGe-1227 P•E �y ()V OVE O R EN,T�' R �' 7 PEIZIY�T p�PuCAI!UN For,5nC�' Date: at all rimes etnpo mred with authority over A IU �lve gees to be oa site avent and emP to act for the applicant. aspects Rec NameoiApp��t; Brevard County Tclephot►e: ( 3 21 63 3 -18 4 _ Dept. Titk:D ' r Local Cote' N LO.L Addre$S (if d;$ereat from abovo) "P- of E Da�te(s) m Cape Cana': N o v e Time Date(s) Lacaaon(s): Annex park?n Lot _ - NovenlDer - November 14thnoon- °Hated p��n steps. Asch map(s) indicating event area ,,d dais Ouv of policelEite Rom dip"t cwr"zc Control CIVehicles/E9 pIDept om Each DStreet Closing DVehicle Parking on City ptopenY Omer Spmify: Bp ai�ln8 this appticatioa, the Appttetiat ,,c�onrtcdgea and xgr� to the following prvvtaioaa'- _ 1 20/1212004 13:14 3216331850 Oct 12 04 12:28p PARKS & REC CENTRAL Parks & Recreation Dept. 321-868-1227 PACE 03 P.2 L 7N3T ANCE A written public liability insurance policy im Ong ibe person staging, promoting or coaducfwg the outdoor entertainment event against any and all claims and demands matte by any person for injuries iweived in connection with the stagin& promoting, conducting or attendance of or at the outdoor ' r entertaiamant event, written within limits of not ka thin 5300,000.00' dadiage or injury to any one person for bodily £njury or otherwise, plus 525,000.00 dam ge to property, and for not less than $500,000.00 for damages inearred or claimed by more than one person for bodily injury or otherwise. plus $30,000.00 for damages to property. Tbc original or duplicate of such policy shalt be attached to the application for a special outdoor entertainment permit, togechcr with adequate evidonec that the premiums are paid. "Name of Insurance Co:c5 Policy NorPt i-It%piratioa Date: iV Dt 11. P'ROMOTiOt(A'L AT7'1'i101t�TrOLT Permittee authorizes the City of Cape Canaverti to utilize Pcrmittee's name and project for public relation purposes and other media related purposes. M E.XPENSEstng live applicant agrees to pay the City, in advance, for any scMccs provided by the City at the City's usual ratcs and any other permit fees that may be applicable to the particular production as required W the City of Cape Canaveral. IV, lanurrTONS Non-profit organ£zat£ons may seek a wniver of any ofthe outdoor entertainment code requirements if the sections vmivcsi stealing with the health, safety and welfare of those in attendance. as wt.11 as the general public, have been otherwise provided i'or as required by said code. List any exemptions you art saeUng. wet s Date (____ p ticant or esentativell itle Approved by City of Cape Canaveral: City Representative's Dame: Title: Signature: Applicants shall keep a copy of this approved permit and attachnrcats on Lite day of the event oithin the City of Cape Canaveral. For funlrcr infonnartion, please contact. City of Cape Canaveral Sennett C. Boucher, City Manager I05 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 8681230 Fac: (407) 799-3170 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Considerations Item 9 No. process and Comprehensive Plan. The hourly rate for his services is $95.00. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PLANNING SERVICES AGREEMENT WITH TODD PEETZ, MILLER LEGG & ASSOCIATES. DEPT./DIVISION: P & Z/ GROWTH MANAGEMENT Requested Action: City Council review and consider the Planning Services Agreement with Mr. Todd Peetz, Miller Legg and Associates. Summary Explanation & Background: Mr. Peetz has accepted a position with Miller Legg and Associates. Since Mr. Peetz has been working with the City since October of 1994, he is very knowledgeable about the City's planning process and Comprehensive Plan. The hourly rate for his services is $95.00. 1 recommend approval. Exhibits Attached: Mr. Peetz's letter of 9/23/04. City Y is Office, BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lav Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher" Jeffrey P. Buak° Cocoa & Viera Joseph E. Blitch Suzanne D'Agresta° John U. Biedenham, Jr. Anthony A. Garganese° Victoria L. Cecil John H. Ward' Lisa M. Fletcher Jeffrey S. Weiss Amy J. Goddard Katherine Latorre 'Board Certified Civil Trial Lawyer 'Board Certified City, County & Local Government Law October 14, 2004 VIA E-MAIL and U.S. MAIL Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Agreement - Continuing Planning Services City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary J. W. Taylor Of Counsel Please find enclosed herewith a proposed Continuing Planning Services Agreement with Miller Legg for planning services by Todd Peetz. We have forwarded a copy of this Agreement to Todd for his review and comment as well. If you have any questions, please do not hesitate to contact our offices. Very truly yours, J4��y.Buak Assistant City Attorney JPB/eah Enclosure G:1DocslCity of Cape Canaveral\CorrespondencelBoucherlBoucher_MillerLegg_PlanningServices_101404.wpd 225 East Robinson Street, Suite 660 • P.O. Box 2873 •Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.oriandolaw.net • Email: firm@orlandolaw.net ENGINEERS • SURVEYORS & MAPPERS , PLANNERS LANDSCAPE ARCHITECTS • GIS ENVIRONMENTAL PROFESSIONALS �R Central Florida Office: 631 South Orlando Avenue Suite 200 Winter Park, Florida 32789-7122 (407) 629-8880 - Fax: (407) 629-7883 - www.millerlegg.com � E L & ASSOCIATES. INC "One of the Top 50 Consulting Firms to Work For" - CE News 2002/2003 September 23, 2004 MY; Bennett Boucher City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Continuing Planning Service Agreement Dear Mr. Boucher: Thank you for the opportunity to submit the attached Agreement for Professional Services for the above -referenced Project. I have also provided an information folder about the other services that Miller Legg & Associates, Inc. have to offer. The additional staff along with the resources from the firm's other professional services enhances my ability to serve the City. Please sign and initial the two (2) attached Agreements where indicated, and return both originals for Miller, Legg & Associates' execution. An original will be mailed to you for your file. Should you have any questions, please do not hesitate to contact me at (407) 629- 8880, Ext. 133 or Tpeetz@millerlegg.com. Again, thank you for this opportunity, and I look forward to speaking with you soon. Very truly yours, Miller ke'�ssociatesa:°'""� .m' T,6dd Pee'fz'Projectl-Kllana6er Senior Planner Ttp/jw/jk Principal ] Attachment(s) C:\Capeproposa12.doc South Florida Office: (954) 436-7000 Palm Beach Office: (561) 689-1138 Central Florida Office: (407) 629-8880 AGREEMENT Continuing Planning Services THIS AGREEMENT is made and entered the last date evidenced below, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, hereinafter referred to as "City", located at 105 Polk Avenue, Cape Canaveral, Florida 32920, and MILLER, LEGG & ASSOCIATES, INC., a Florida corporation, located at 631 South Orlando Avenue, Ste. 200, Winter Park, Florida 32789, hereinafter referred to as "Consultant". WITNESSETH: WHEREAS, City wishes to obtain planning services on a continuing basis; and WHEREAS, the City has complied with the selection and negotiation process set forth in the Florida's Consultants' Competitive Negotiation Act, Section 287.055, Florida Statutes; and WHEREAS, Consultant is willing to provide such continuing planning services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 The term of this Agreement shall continue until terminated by either party as provided herein 1.2 The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as amended from time to. b. "Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. C. "Consultant" shall mean MILLER, LEGG & ASSOCIATES, INC., and its principals, employees, resident project representatives (and assistants). d. "Project Manager" shall be Todd Peetz of Miller, Legg & Associates, Inc., who shall be principally responsible for providing the continuing planning services described herein. Page 1 of 12 e. "Public Record" shall have the meaning given in Section 119.011(1), Florida Statutes. f. "Reimbursable Expenses" shall mean the actual expenses incurred by Consultant or Consultant's professional associates and consultants which are directly related to travel and subsistence at the rates, and under the requirements of, Section 112.061, Florida Statutes, or any other actual expenses the City agrees to reimburse under separate agreement. g. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties in a Task Order. 1.3 The City hereby engages the Consultant and Consultant agrees to perform the Services outlined in this agreement for the stated fee arrangement. No prior or present representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 2.0 DESCRIPTION OF SERVICES 2.1 The description of services to be provided by the Consultant on a continuing basis are provided within Exhibit "A" , which is attached hereto and incorporated herein fully by this reference. Any services to be provided beyond those identified in Exhibit "A" will need to be separately negotiated. 2.2 The City reserves the right to perform any services related to this Agreement or to retain the services of other planning companies to provide professional planning services. 3.0 COMPENSATION 3.1 For the continuing services identified in Exhibit "A", the City agrees to pay the Consultant on an hourly basis, in accordance with the 2004 Rate Schedule provided in Exhibit `B", which is attached hereto and incorporated herein fully by this reference. The parties agree, however, most services shall be performed by the Project Manager identified herein at an hourly rate of $95.00 per hour. The rates identified in Exhibit "B" may be revised annual by mutual agreement of the parties. 3.2 If mutually agreed to in writing by the parties, in advance, Consultant will provide additional services, which shall be separately negotiated, documented and attached hereto as addendum to this Agreement. Payment for such additional services shall be in accordance with the attached 2004 Rate Schedule, as may be amended by mutual agreement of the parties. 3.3 Prior to payment by the City, the Consultant shall submit to the City a monthly written invoice itemizing the services provided. Page 2 of 12 3.4 In addition to payments provided in paragraphs 3.1 and 3.2 above, City agrees to pay Consultant the actual cost of all Reimbursable Expenses incurred in connection with the services provided. 3.5 Payment shall be due and payable as provided by the Florida Prompt Payment Act s.218.70 et. seq., Florida Statute (2003). 4.0 PROGRESS MEETING 4.1 The Project Manager may hold periodic progress meetings on a monthly basis, or more frequently if required by the City, during the term of this Agreement. Consultant's Project Manager and all other appropriate personnel shall attend such meetings as designated by City Manager. 5.0 REASONABLE ACCESS 5.1 During the term of this Agreement, City shall grant the Consultant's Proj ect Manager reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. 6.0 INSURANCE 6.1 Liability Amounts. During the term of this Agreement, Consultant shall be responsible for providing the types of insurance and limits of liability as set forth below. a) Professional Liability: Proof of professional liability insurance shall be provided to the City for the minimum amount of $1,000,000 as the combined single limit for each occurrence. b) The Consultant shall maintain comprehensive general liability insurance in the minimum amount of $1,000,000 as the combined single limit for each occurrence to protect the Consultant from claims of property damages which may arise from any Services performed under this Agreement whether such Services are performed by the Consultant or by anyone directly employed by or contracting with the Consultant. c) The Consultant shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 combined single limit bodily injury and minimum $50,000 property damage as the combined single limit for each occurrence to protect the Consultant from claims for damages for bodily injury, including wrongful death, as well as from claims from property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant. d) The Consultant shall maintain, during the life of this Agreement, adequate Workers' Compensation Insurance and Employers' Liability Insurance in at least such amounts as are required Page 3 of 12 by law for all of its employees performing Work for the City pursuant to this Agreement. 6.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (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 stipulated insurance policies included in article 10.1.b and 10.1.c herein, as its interest may appear, from time to time. 6.3 The insurance required by this Agreement 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 shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until written notice is provided as required by the Florida Statutes. Consultant agrees to promptly inform City of any notice received regarding cancellation, material change or refusal to renew the policies of insurance required herein. It shall be a material breach of this Agreement for the Consultant to fail or refuse to immediately provide City with copies of any such notice. All -such insurance shall remain in effect until final payment. In the event that the Consultant shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase such insurance, and the City may bill the Consultant. The Consultant shall immediately forward funds to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement nor the City's acceptance of the terms, conditions or amounts of any insurance policy shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed by the State of Florida to engage in the business of writing of insurance. Unless agreed to by the City to the contrary, the City shall be named on the insurance policies included in article 6.1.b and 6.1.c as "additional insured." The Consultant shall cause its insurance carriers, prior to the effective date of this agreement 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 will be canceled accept in accordance with the requirements of the Florida Statutes. Further copies of all relevant policies will be provided to the City within thirty (3 0) days of the effective date of this agreement If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Consultant in accordance with this Article on the basis of its not complying with the Agreement, the City shall notify the Consultant in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 6.4 Independent Associates and Consultants. All independent associates and consultants employed by Consultant to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. Page 4 of 12 7.0 COMPLIANCE WITH LAWS AND REGULATIONS 7.1 Consultant shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and/or ordinances applicable to the performance of Services under this Agreement. 8.0 REPRESENTATIONS 8.1 Consultant represents that the Services provided hereunder shall conform to all requirements of this Agreement, shall be consistent with recognized and sound planning practices and procedures; and shall conform to the customary standards. of care, skill, and diligence appropriate to the nature of the Services rendered. 8.2 Consultant represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 9.0 GUARANTEE AGAINST INFRINGEMENT 9.1 Consultant guarantees that all Services performed under this Agreement shall be free from claims of patent, copyright, and trademarks infringement. Notwithstanding any other provision of this Agreement, for separate good and valuable consideration Consultant shall indemnify, hold harmless, and defend City, its officers, directors, employees, agents assigns, and servants from and against any and all liability, including expenses, legal or otherwise, for actual or alleged infringement of any patent, copyright, or trademark resulting from the use of any goods, Services, or other item provided under this Agreement. Notwithstanding the foregoing, Consultant may elect to provide non -infringing services. 10.0 DOCUMENTS 10.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Consultant and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Consultant. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Consultant is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City manager. Upon request by the City, the Consultant shall promptly supply copies of said public records to the City. All 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 Consultant be open and freely exhibited to the City for the purpose of examination and/or audit. Page 5 of 12 10.2 Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Consultant and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein may be reused by the City for any reason or purpose at anytime. However, the City agrees that the aforesaid documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without verification or adaptation by the Consultant, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Consultant. 10.3 Ownership of Documents. The City and the Consultant agree that upon payment of fees due to the Consultant by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Consultant in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Consultant waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Consultant in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Consultant or not. 11.0 ASSIGNMENT 11.1 Consultant 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 City. 11.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Consultant, Consultant shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 11.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Consultant who shall take immediate steps to remedy the situation. 11.4 If any part of this Agreement is subcontracted by Consultant, prior to the commencement of any Work by the subcontractor, Consultant shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 12.0 INDEPENDENT CONTRACTOR 12.1 At all times during the term of this Agreement, Consultant shall be considered an independent contractor and not an employee of the City. Page 6 of 12 13.0 DEFAULT BY CONSULTANT AND CITY'S REMEDIES 13.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: a) Consultant defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (3 0) 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 thirty (30) calendar days, in which case the Consultant shall have such time as is reasonably necessary to remedy the default, provided the Consultant promptly takes and diligently pursues such actions as are necessary therefore; or b) Consultant is adjudicated bankrupt or makes any assignment for the benefit of creditors or Consultant becomes insolvent, or is unable or unwilling to pay its debts; or c) Consultant has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or d) Consultant has committed any act of fraud upon the City; or e) Consultant has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. 13.2 Notwithstanding the aforementioned, in the event of a default by Consultant, 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. 14.0 TERMINATION 14.1 Notwithstanding any other provision of this Agreement, City may, upon written notice to Consultant, terminate this Agreement, without penalty, if: (a) Consultant is in default pursuant to paragraph 13.0 Default; (b) Consultant makes a general assignment for the benefit of its creditors; (c) Consultant fails to comply with any condition or provision of this Agreement; or (d) Consultant 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. 14.2 In addition, either party may terminate for convenience with no penalty at any time upon thirty (30) days advance written 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 Page 7 of 12 Agreement, for Work properly performed prior to the effective date of termination. 15.0 FORCE MAJEURE 15.1 Any delay or failure of either parry in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; 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. 16.0 GOVERNING LAW & VENUE 16.1 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. 17.0 HEADINGS 17.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 18.0 SEVERABILITY 18.1 In the event any portion or part of thereof this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties 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 by fully enforceable. 19.0 WAIVER AND ELECTION. OF REMEDIES 19.1 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. 19.2 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. 20.0 THIRD PARTY RIGHTS 20.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone Page 8 of 12 other than City and Consultant. 22.0 PROHIBITION AGAINST CONTINGENT FEES 22.1 Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, 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 Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 23.0 ENTIRE AGREEMENT 23.1 This Agreement, including any Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Consultant with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 24.0 NO JOINT VENTURE 24.1 Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the parties, and neither parry is authorized to, nor shall either parry act toward third persons or the public in any manner which would indicate any such relationship with the other. 25.0 ATTORNEY'S FEES 25.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorneys' fees, whether at settlement, trial or on appeal. 26.0 COUNTERPARTS 26.1 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. 27.0 DRAFTING 27.1 City and Consultant 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. 28.0 NOTICE Page 9 of 12 28.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Consultant: Todd Peetz, Project Manager Miller, Legg & Associates, Inc. 631 South Orlando Avenue, Ste. 200 Winter Park, FL 32789-7122 (407) 629-8880 Telephone (407) 629-7883 Facsimile For Ci : City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1230 Telephone (321) 868-1224 Facsimile W/ copy to: Anthony A. Garganese, Esquire Brown, Garganese, Weiss, & D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 (407) 425-9566 Telephone (407) 425-9596 Facsimile 38.2 Either party may change the notice address by providing the other party written notice of the change. 29.0 SOVEREIGN IMMUNITY 29.1 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. 30.0 CORPORATE REPRESENTATIONS BY CONSULTANT 30.1 Consultant hereby represents and warrants to the City the following: Page 10 of 12 (a) Consultant 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 representative of Consultant has the power, authority, and legal right to execute and deliver this Agreement on behalf of Consultant. 31.0 INDEMNIFICATION 31.1 For all Services performed pursuant to this Agreement, the Consultant 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 through any and all administrative, trial and appellate proceedings) to the proportionate extent, directly or indirectly arising from: a) any default under this Agreement by Consultant; b) any negligent act, omission or operation of work related to all Services performed under this Agreement by Consultant, and its employees, principals, agents, independent contractors, and consultants. 31.2 The indemnification provided above shall obligate the Consultant to defend. at its 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 and officers which may result from any negligent act, omission or operation of work related to the Services under this Agreement whether the Services be performed by the Consultant, 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 subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate of $200 per hour. 32.0 ADDITIONAL ASSURANCES 32.1 The Consultant for itself and it Subconsultants, if any, certifies that: (a) No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any architecture, landscape architecture, planning, or surveying activity by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; (b) No principal (which includes officers, directors, or executive) or individual holding a Page 11 of 12 professional license and performing work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and; (c) No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: CAPE CANAVERAL, FLORIDA RM Rocky Randels, Mayor Date: ATTEST: to Susan Stills, City Clerk CONSULTANT: MILLER, LEGG & ASSOCIATIES, INC.: an Jon D. Walls, Principal Date: By: _ Print: Corporate Secretary GALawyer\jefEb\City of Cape Canaveral\Agreements\MillerLegg_Cont Agree.doc Page 12 of 12 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Considerations Item 10 No. Areas. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: INTERLOCAL AGREEMENT WITH BREVARD COUNTY FOR PARTICIPATION IN THE EDUCATIONAL FACILITIES IMPACT FEE PROGRAM. DEPT./DIVISION: ADMINISTRATION Requested Action: City Council considers the approval of an Interlocal Agreement with Brevard County, providing for participation in the Educational Facilities Impact Fee Program. Summary Explanation & Background: Brevard County recently adopted Ordinance No. 04-34 establishing a County -wide Educational Facilities Impact Fee. Since Brevard is a Charter County, the Ordinance applies to the Incorporated Areas. The Impact Fee will be effective on October 24th - Single Family Detached Dwelling -$4,455.40 - Attached Residential Dwelling -$2,794.95 - Manufactured Home or Mobile Home - $2,667.24 If the City Council decides not to participate in this Interlocal Agreement, the City may be liable for all Educational Facilities Impact Fees starting on October 241h Exhibits Attached: Interlocal Agreement. City M g s Offic � Department BR EVAR BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Brevard County Planning and Zoning Office Telephone (321) 633-2069 2725 Judge Fran Jamieson Way Fax (321) 633-2074 Viera, Florida 32940 September 22, 2004 Bennett Boucher, City Manager City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920-0326 Dear Mr. Boucher: On September 21, 2004 the Board of County Commissioners adopted an emergency ordinance that extended the effective date of the Educational Facilities Impact Fee Ordinance for one month. The new effective date is October 24, 2004. I have also attached a draft interlocal agreement for consideration by the City of Cape Canaveral. Approval of this interlocal agreement would allow the City to appoint a representative to an Impact Fee Advisory Committee to make recommendations concerning the appropriation of collected funds to the School Board. It would also allow the City to defer payment of the educational facilities impact fee until a Certificate of Occupancy is issued. If you have any questions, please contact me. Sincerely, Stele . Swanke, AICP Planner III attachment INTERLOCAL AGREEMENT BETWEEN BREVARD COUNTY, FLORIDA AND THE CITY OF CAPE CANAVERAL, FLORIDA PROVIDING FOR PARTICIPATION IN THE BREVARD COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE This is an Agreement between: BREVARD COUNTY, FLORIDA, a charter county and political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter referred to as "County," and the CITY OF CAPE CANAVERAL, FLORIDA, a body corporate existing under the laws of the State of Florida, hereinafter referred to as "City". WHEREAS, the Brevard County school system is a county -wide system that serves all unincorporated Brevard County and all incorporated municipalities within Brevard County; and WHEREAS, Brevard County has authorized and received an independently prepared study that analyzed the fiscal impacts of residential development activity on the public primary and secondary educational system and calculated the maximum impact fee that could be imposed on residential development for primary and secondary educational facilities based on currently available data and analysis; and WHEREAS, the Board of County Commissioners has adopted Ordinance 04-34, the Brevard County Educational Facilities Impact Fee Ordinance, which has been incorporated into the Code of Ordinances of Brevard County, Florida as Chapter 62, Article V, Division 7, Sections 62-921 through 62-935, hereinafter referred to as "Ordinance"; and WHEREAS, the Ordinance applies to both the incorporated and unincorporated areas of Brevard County; and WHEREAS, it is necessary for the County and City to establish and clarify the duties, responsibilities and obligations of the respective parties in order to effectively administer the Ordinance. NOW, THEREFORE, in consideration of the mutual terms and conditions, promises, covenants and payments hereinafter set forth, County and City agree as follows: Section 1: Incorporation of Recitals 1.1 The above recitals are true and correct and are incorporated herein by this reference. Section 2: Purpose 2.1 The purpose of this Agreement is to ensure that the educational facilities impact fees necessary for the adequate provision of elementary and secondary public educational facilities in Brevard County, Florida are imposed upon and collected from new residential development in the City in an equitable and fair manner, and are appropriated and expended in accordance with the Ordinance and applicable laws. Page 1 of 7 Section 3: Obligations of the City 3.1 Impact Fee Notice: The City hereby agrees to notify each applicant for a residential building permit or permit to setup a mobile or manufactured home, that the applicant must obtain an educational facilities impact fee proof of payment receipt or a notice of exemption from educational facilities impact fees from the County for the property for which the permit is sought. 3.2 Impact Fee Collection: The City hereby agrees to reasonably assist and cooperate with the County in the collection of educational facilities impact fees within the jurisdiction of the City. In compliance with the Ordinance, the City agrees to require, as a condition precedent to the issuance of a certificate of occupancy for a residential dwelling or a certificate of completion for the installation of a mobile or manufactured home, presentation of an educational facilities impact fee proof of payment receipt or a notice of exemption from educational facilities impact fees from the County for the property for which the certificate of occupancy or certificate of completion will be issued. 3.2.1 Unless an educational facilities impact fee proof of payment receipt or a notice of exemption from educational facilities impact fees from the County has been presented by the building permit applicant, the City agrees not to issue a certificate of occupancy or certificate of completion for any residentially developed property unless the building permit applicant provides written documentation from the County evidencing that an appeal has been filed with the County pursuant to the terms of the Ordinance and the building permit applicant has posted a bond or submitted an irrevocable letter of credit or other surety in the amount of the educational facilities impact fee calculated to be due, which bond, letter of credit, or other surety has been approved and accepted by the County. 3.3 Impact Fee Advisory Committee: In order to facilitate input from Brevard County and the City with regard to the appropriation of educational facilities impact fees collected within their respective jurisdictions towards the development of new or expanded public educational improvement projects, the School Board, during the course of updating the Tentative District Educational Facilities Plan, has agreed to convene an Impact Fee Advisory Committee for each Benefit District. 3.3.1 Membership: The City, by this agreement with the County, is entitled to appoint one representative to the Impact Fee Advisory Committee for each benefit district in which the lands under its jurisdiction are located. The representative so appointed must be knowledgeable about residential development activity within the benefit district, the need for public educational facilities within the benefit district, and limitations on the use of impact fees. Representatives may include but are not limited to elected officials, City or County Managers, planners, engineers, attorneys or concerned citizens residing in the jurisdiction. The appointment of an individual to the Impact Fee Advisory Committee by a participating jurisdiction shall be an assurance to all other participating jurisdictions that the appointee meets the requirements of this paragraph. 3.3.2 Role of Impact Fee Advisory Committee: The role of the Impact Fee Advisory Committee is to consider the need for and cost of new or expanded public educational facilities within the benefit district to accommodate projected increases in student populations anticipated to result from new residential development as well as projections of impact fee revenues available for appropriation during the time period covered by the Tentative District Educational Page 2 of 7 Facilities Plan in order to make recommendations to the School Board regarding the use of available impact fees for eligible projects. 3.3.3 Advisory Committee Recommendations: The recommendations of the Impact Fee Advisory Committees regarding the appropriation of impact fees toward specific public educational improvement projects shall not be binding on the School Board, but the School Board shall regard the Advisory Committee's recommendations as highly persuasive and accord said recommendations great weight in their deliberations regarding the adoption of the Tentative District Educational Facilities Plan. 3.4 Donation of Land and Developer Funded Improvements: In the event that the City approves a development order for residential construction that requires the developer to donate land or educational facility improvements to the School Board, the City agrees to coordinate with the County to ensure that any educational facilities impact fee credit that is due to the developer is considered in a timely manner. 3.5 Monthly Reports: City agrees to provide to the County by the twenty-first day of each month, a report identifying the address and date of all residential building permits, mobile or manufactured home setup permits, residential certificates of occupancy and certificates of compietion for mobile or manufactured home setups for the preceding month. Section 4: Obligations of the County 4.1 Administration and Enforcement: It is the obligation of the County to administer all aspects of the ordinance up to the point that the funds are remitted to the School Board for appropriation to specific improvements and to make every reasonable effort to enforce the provisions of the Educational Facilities Impact Fee Ordinance, as it has been adopted and as it may be amended from time to time. 4.2 Remittance of Funds: Upon execution of this Agreement and the appropriation of funds to eligible projects in the Tentative District Educational Facilities Plan by the School Board, the County shall remit to the School Board all impact fee revenues and accrued interest that have been collected since the inception of the program less the administrative fee and any refunds that have been given. Such remittance shall be due twenty-one days after the end of the month in which notice is received from the School Board concerning the appropriation of funds to specific projects. Following this initial remittance, future remittances shall be made as described below. 4.2.1 Monthly remittance: Within twenty-one days after the end of the month, the County shall remit to the School Board all impact fees and accrued interest collected during the prior month, less the administration fee and any refunds and impact fee credits paid during the prior month. 4.2.2 Detail To Be Provided: The County shall provide sufficient detail in the monthly remittance to allow the School Board to properly deposit funds in the correct Benefit District Account. Page 3 of 7 4.2.3 Administration Fee: The County is entitled to retain up to but not more than two and one half percent of the amount of educational facilities impact fees collected for administration of the ordinance. In calculating the amount of the administrative fee, the County shall include those expenditures that are reasonably associated with administration of the program. These expenditures may include but are not limited to, compensation and benefits for personnel involved in the administration of the ordinance; supplies and expenses related to administration of the ordinance; costs associated with consulting services for establishment and periodic updates of the ordinance; and those attorneys fees that may be necessary for administration and enforcement of the ordinance. The County acknowledges that it administers other impact fee programs not related to public educational facilities and pledges to consolidate its administrative efforts in order to cost effectively administer all impact fee programs. When shared administrative costs cannot be isolated by specific impact fee program, the County shall prorate those costs based on amount of revenue collected within each program. Section 5: Maintenance of Records 5.1 The County shall maintain complete and comprehensive records of all funds collected within the City and all expenditures of said funds, identified by Benefit District, for a period of seven years from receipt and expenditure to satisfy the refund provisions of Section 62-932 of the Educational Facilities Impact Fee Ordinance. 5.2 The County shall maintain complete and comprehensive records of all exemptions granted, all incentives awarded, any impact fee credit awarded and any refund given for a period of seven years from receipt or award. 5.3 The County and the City shall have the reciprocal right to review the records of the other as to receipt, allocation and expenditure of impact fees. All such inspections shall be made upon reasonable notice and at a reasonable time and place. Up,;n a request to review or obtain copies of records by one party to the other hereunder, the party responding to a request for review shall furnish assistance as well as copies of appropriate records for the project to the requesting party. Section 6: Indemnification 6.1 The City, to the extent allowed by law, will at all times hereafter indemnify and hold harmless, County, its officers, agents and employees, against any and all claims, losses, liabilities, or expenditures of any kind, including court costs and expenses, accruing or resulting from any or all suits or damages of any kind resulting from injuries or damages sustained by any person or persons, corporation or property, by virtue of the City's willful failure to perform any obligation or undertaking of the School Board as set forth in this Agreement. Section 7: Entire Agreement 7.1 This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the disbursement matters Page 4 of 7 contained herein, and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written regarding disbursements unless specifically incorporated into this agreement by writing. Section 8: Notices 8.1 Whenever either party desires to give notice unto the other, such notice must be in writing, sent by certified United States mail, return receipt requested, addressed to the parry for whom it is intended, at the place specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. The parties designate the following as the respective places for giving of notice to -wit: For County: County Manager Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, Florida 32940 For City: City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Section 9: Amendments 9.1 County may amend this Agreement, if required by legislation, to conform to mandates in state guidelines, directives, and objectives relating to the use of educational facilities impact fees. Such amendments shall be incorporated by written amendment as a part of this Agreement and shall be subject to approval of the Board of County Commissioners. Such amendment will not affect specific activities commenced under this agreement prior to amendment, which were in compliance at the time of commencement. City shall be notified pursuant to Section 8.1 and such notification shall constitute an official amendment. No other modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. Section 10: Term of Agreement 10.1 This agreement shall commence on the day that the Educational Facilities Impact Fee Ordinance becomes effective or on the day that this agreement has been approved and executed by both parties, whichever is later. This agreement shall remain in effect until it has been terminated pursuant to Section 11 below. Section 11: Termination 11.1 In the event that the County repeals the Educational Facilities Impact Fee Ordinance, this agreement shall remain in effect until all funds collected by the County under the provisions of the ordinance have been disbursed to the School Board and the School Board has notified the County that all disbursed funds have been expended on eligible improvements. Page 5 of 7 11.2 In the event that the City initiates activities to adopt an educational facilities impact fee ordinance that would supersede the Brevard County Educational Facilities Impact Fee Ordinance within those areas under the jurisdiction of the City, the City shall give the County notice at least ninety days prior to the effective date of the proposed City ordinance in order to coordinate with the County regarding the transition to the City ordinance and termination of this Agreement. Section 12: Severability 12.1 If this Agreement contains any unlawful provisions not an essential part of this Agreement and which shall not appear to have a controlling or material inducement to the making thereof, such provisions shall be deemed of no effect and shall, upon notice by either party, be deemed stricken from this Agreement without affecting the binding force of the remainder of the Agreement. IN WITNESS WHEREOF, this Agreement has been fully executed on behalf of the County and City by their duly authorized representatives on the respective dates below. BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA ATTEST: Nancy N. Higgs, Chair As approved by the Board of County Commissioners on '2004. CITY OFCAPE CANAVERAL, FLORIDA Rocky Randels, Mayor Date: , 2004 Page 6 of 7 Scott Ellis, Clerk ATTEST: Susan Stills, City Clerk STATE OF FLORIDA § County OF BREVARD § The foregoing instrument was acknowledged before me this day of , 2004 by Nancy N. Higgs, Chairman of the Board of County Commissioners of Brevard County, Florida, who is personally known to me or produced as identification and who did take an oath. NOTARY PUBLIC - State of Florida STATE OF FLORIDA § County OF BREVARD § The foregoing instrument was acknowledged before me this day of , 2004 by Rocky Randels, Mayor of the City of Cape Canaveral, who is personally known to me or produced as identification and who did take an oath. Page 7 of 7 NOTARY PUBLIC - State of Florida WKIJ T21 T22 T23 T24 T25 mw. T27 In T29 T30 EDUCATIONAL FACILITIES IMPACT FEE R37 BENEFIT DISTRICTS I R35 I R36 R37 R38 I R39 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Considerations Item 11 No. City Manager Evaluation Memo/ Evaluation Forms. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ANNUAL CITY MANAGER EVALUATION DEPT./DIVISION: LEGISLATIVE Requested Action: City Council conduct an evaluation of the City Manager for the rating period ending 9-16-04. Summary Explanation & Background: Attached are completed evaluations submitted as of 10/12/04. Please advise. Exhibits Attached: City Manager Evaluation Memo/ Evaluation Forms. City Ma e s Office .-- Department ON Memo To: Mayor and City Council Members From: Bennett Boucher, City Manager CC: Susan Stills, City Clerk �� Date: 08/16/2004 Re: Annual City Manager Evaluation The attached City Manager Evaluation form is taken from the Intemational City Managers Association. There are nine (9) evaluation categories for you to score on a scale of 1 to 5 with one being poor and five being excellent. There is also space available for comments. To assist you in the process, I'm submitting a brief note on each of the nine evaluation categories. Organizational Management I work with staff to review, update, and budget for the implementation of the Goal and Action plan approved by City Council each year. We have made progress each year and it's an example of the teamwork we have. We also have staff meetings after every City Council meeting. Department Heads have the opportunity to share information on what they are working on, raise issues or concerns they may have about city operations and to make recommendations to the City Manager. It is also an opportunity for Department Heads to network and to work on issues together. Fiscal Management We have always worked to live within our monetary means. Starting with the annual visioning meetings with staff and City Council. Department Heads formulate their budgets with guidance from the City Manger to be consistent with the Goal and Action plan. City council and department heads receive monthly budget reports and a formal quarterly report is provided to city council. I constantly review the revenue and expenditure data with the City Treasurer to ensure we are within budget, and to recommend changes if needed. I require Department Heads to review their budgets and encourage them to recommend budget transfers if needed to cover any unforeseen expenditures. Planning During the year, I work with staff in updating the five-year capital improvement plan. I challenge staff to utilize new technology to improve their departmental operations in an effort to be more productive and responsive to the needs of our community. With limited funding and the leveraging of grant funds when available we are able to achieve our goals in a reasonable time frame. When I evaluate Department Heads, they are given constructive guidance on what is expected and reasonable goals and objectives are assigned to work on for the next rating period. Everyone is enthusiastic about the annual review of the goal and action plan. It gives us a chance to exchange ideas and plan for the future. Staffinq I have worked hard with the City Clerk and Department Heads to ensure we recruit talented individuals to serve our community. I have an open door+ policy with employees and consult with employees as needed. . Staff and I have worked to improve our benefit package for our co-workers with a major revision to the wage and salary plan that will help to attract and retain quality employees for our community. Seminars were provided to the employees during the year on Pension investing and CPR training. I work with staff to keep up to date on labor rules and regulations and have respectful relationship with the Union. Supervision Department Heads are challenged to make informed operational decisions within their respective departments and to seek guidance from the City Manager as needed. I will not micro manage a Department Head, I do demand accountability for their actions, and if needed, I will spend time with a Department Head if they are having difficulty with an issue, program or project. "Management by walking around" is my way of getting out of the office and seeing our employees in action. It's a great way to find out what's happening with our work groups. 0 Page 2 Relations with Council The City Managers office works to assist and inform each City Council Member in a professional, and timely manner. I have encouraged City Council members to call or stop by the office any time. I will, contact each member if there is an emergency. E- mails are sent on a regular basis to provide updates on city activities. City Council often seeks my opinion on issues, and of staff as well. Open communication has helped us maintain professionalism during meetings and there is an excellent working relationship with City Council, the City Manager and Staff. Reporting All Department Heads are required to prepare quarterly reports on their activity. Agenda packets are prepared to provide as much information as possible for City Council to debate an issue and make an informed decision. Reports are provided as requested. Citizen and Intergovernmental Relations The City Mangers office has worked to respond to citizen complaints in a timely manner. Complaints are logged into the "Better Place" online system at the status of each complaint is tracked weekly until closed out. I have been active in meeting with residents and business owners about their concerns. g The Storm Water utility public information campaign helped to implement a smooth start up for the Storm water utility billing this past January. The City newsletter has also been an important part of informing our residents about City issues, programs and events. Professional / Personal Characteristics I work diligently to be a well-rounded City Manger in order to respond to the needs and concerns of City Council, my co-workers, the business community and our residents. I'm motivated in being able to help facilitate the projects, programs and services that make our community a quality place in which to live and work and it's a pleasure to serve this City. 0 Page 3 CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name September 19, Evaluation Due Date y Organizational Management 1. Plans and organizes work that implements the policies of the City Council. 4 2. Initiates/maintains effective professional relationships with Department 4 Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: Good job; Improved Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. 3. Plans, organizes and supervises the most economic utilization of manpower, materials, and machinery/equipment. 4. Prepares reports for Council that provide the most up-to-date data available concerning expenditures and revenue. 0 4 0 F41 City Manager Evaluation Report Comments: Continued improvement Planning 1. Establishes a process of planning in anticipation of future needs and 4 problems. 2. Participates in the establishment of reasonable goals/objectives for the 4 City and each of its Departments. I Achieves goals/objectives which are the direct responsibility of the City 4 Manager in a timely and professional manner. y 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. 4.5 Comments: Very good Staffing 4 1. Recruits and retains competent personnel for City positions. 2. Initiates corrective action to improve job performance, when needed. 3.5 3. Effectively manages personnel issues including employee insurance, 4 fringe benefits, promotions, pensions and union negotiations. Comments: Improving AACI,MVAL.DOC City Manager Evaluation Report Supervision 1. Encourages Department Heads to make decisions within their own 3 jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasizes support 3 rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all Citv emnlovees. 3.5 Comments: Has improved p Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 4 2. Adequately informs the Council of current issues. 4 3. Accepts and responds to constructive criticism and advice. 3.5 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 4 5. Assumes responsibility for staff performance. 3 Comments: Needs some improvement AACNIEVALMOC City Manager Evaluation Report Reporting 1. Provides the Council with reports concerning matters of importance to the 4 City. 2. Reports are accurate and comprehensive. 4 3. Reports are generally produced through own initiative, as well as when 4 requested by Council. Comments: Good job Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt 4 manner. 2. Willingness to meet with members of the community and discuss issues of 4 concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open 4 communications with other municipalities in areas that may affect or relate to the City. Comments: Good job Professional/Personal Characteristics 4 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept 4 informed of new legislation, methods and techniques. AAC1gV.4L LOC City Manager Evaluation Report I Demonstrates professional personal appearance. 4 4. Professional presence - Adequately represents the City with other units of 4 government, professional associations and civic groups/organizations. Comments: very good Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: His follow through on the budget; management; staying focused and following through during emergency situations 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how. the city Manager can improve these areas? Comments: Backing and standing behind all employees in time of need; give them confidence that you are there for them (work at it) 3. Two things that the Manager does now that I would most like him to continue: a. Stay focused; continue to be ahead of the curve A:\CAjEvAL.DOC City Manager Evaluation Report b. Continue good management 4. Two things that the Manager does now that I would most like him to discontinue: a. I have no negative comments b• I have no negative comments 5. Two things that the Manager does not do now that I would most like him to do: a. No comments b. No comments N e and Title of Person Perfo ing Evaluation AACUEVAL.DOC 10-7-04 Date �.tNo•* CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Date Organizational Management 9-16-04 Evaluation Due 1. Plans and organizes work that implements the policies of the City Council. 31 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: a"I i/> rW �- Aw Fiscal Management Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. FT 2. Administers the adopted budget within approved revenues and I� expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. Comments: Planning 1. Establishes a process of planning in anticipation of future needs [�r and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the 3T City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the implementation of all city goals/objectives. Comments: ..�,� �•✓iz a��i ,rl,�r��eSjc��'"��-�� .%/� ,5�.� ��i-G��/c4' -✓ % .%j /.��/z'_ _, L i�.���i_ /_o�� do✓ Ill A, 1-1 __" &L Staffing 1. Recruits and retains qualified Department Heads. ®� 2. Initiates corrective action to improve employee job performance, [t� when needed. 3. Effectively manages personnel issues including employee [. insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 City Manager Evaluation Comments: �F,�'/ !r/.�`c .�e����.�1•� .�r,�' Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City If employees. Comments: a'V-7'W ��/��iay, -s �.,��� �.,y..y r �, o.0 �d�s ..- 1,40c%ridXU, Relations with Council 1. Responds to requests for information or assistance by the Council [Id and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. 19 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: A r' e dlr# el -'al AV -Vk .17G S 4 -,0-C OAJ* .c�c� iiyav r�'1� r l'�a? Od/ �"�`�/�-e/R'r-�a �✓ /1'lo�e w�� ��C'�/-c��..%�o-�.� ,ll.c,�.�4�r:�2 >� —ZZ�TU1f • ,'�r�'%/ /�S: ��ssi �"" rr/� S ;1d�i� /irl A a � ,122 17/ �� �o�-V'T'�.vc•�� 3 City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of importance to the City. 2. Reports are accurate and comprehensive. W 3. Reports are generally produced through own initiative, as well as when requested by Council. Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Comments: C. ��T/Z�i�t� � � G r. ,y�,�r�.��� ��a� L�c/i776A-1 Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 0 OWN US V /l -1AA City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: esa;(oR lzA)rv-r5 ,at..'d C/✓ e 00-Yr1,;rZ �� ��v /�%¢.r1,a Gt/• �/s" ��eso.ar� f �es,�,�s� rs ��e��Q�css��� I. �•9,�'S ,4/.3��-s 7'' �✓�" ffl1u/t �tJeir�irbo�/iNT ,wt,�^��'r/a.3 Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? ,, Comments: �1S aS�GL'�c�o�l�/s,Lis�,�,ars- STS r�vr�,y�•� l ti�� i/f Tye Slio% /(✓ �� lc'�Po�e� C��>'� Thu �iTi •z �•vs 0�,� o � TTu �i�v�� .r/' .gaG��s�l.QGl51��,�.r/T3 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments:L 3 a. Two things that the Manager does now that I would most like him to continue: 5 City Manager Evaluation / b. 4. Two things that the Manager does now that I would most like him to discontinue: a. b. 5 a. Two things that the Manager does not do now that I would most like him to do: A6 2V bcov b. r / n Name and Title of P&/Son Performing Evaluation 2 /®z �10 Date s M'O a CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Date Organizational Management 9-16-04 Evaluation Due 1. Plans and organizes work that implements the policies of the City Council. 0 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. Comments: Seeags: -/a ve 4:r rpoea fAJLICkIAIT V Fiscal Management 1. Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. FF1 2. Administers the adopted budget within approved revenues and expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of staff, materials, and machinery/equipment. 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue. C Comments: N-� °I a�, Planning 1. Establishes a process of planning in anticipation of future needs I and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 1 71 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the [" implementation of all city goals/objectives. % Fp Comments: ro A `s t%' �,. v -- Staffing 1. Recruits and retains qualified Department Heads. Er 2. Initiates corrective action to improve employee job performance, when needed. 3. Effectively manages personnel issues including employee Cst insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 City Manager Evaluation Comments: In n n f -- Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: I? onre._ Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. 3. Accepts and responds to constructive criticism and advice. FT - 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. Comments: 3 City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of L importance to the City. 2. Reports are accurate and comprehensive. 3. Reports are generally produced through own initiative, as well as [ when requested by Council. Comments: Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open communications with other municipalities in areas that may affect or relate to the City. Comments: __.� �i.c,re �. .,n �c �; rr+ rA%r0 Oc r" 614e� AJ r �c vin N -i�r �►-� o r c F oy h car Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 4 ES_. City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: ,,,`aG L, ; Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 4 at 2. What areas do you observe most need improvement? Why? Do you have any constructive, positive ideas as to how the city Manager can improve these areas? Comments: �a,r,e nca r,r,''t, c ►cr+� s - ®T"r 3. Two things that the Manager does now that I would most like him to continue: r a. ' / j r1 " K +^ f_++1 C /� A t� .n )r l+ mss., _C'7Fe^ f -■F-. 5 City Manager Evaluation Lei r"fl ►Jncl /. 4. Two things that the Manager does now that I would most like him to discontinue: a. 4 ire rpt n Q 5. FJ a Two things that the Manager does not do now that I would most like him to do: Na a Rle of Person Performing Evaluation IJ Date 8 M'O CITY OF CAPE CANAVERAL CITY MANAGER EVALUATION Rate each item on the evaluation sheet based on the following scale: (1) poor, (2) fair, (3) good, (4) very good, (5) excellent (Note: If unable to rate a particular item, place an "N/O" which indicates that the particular item/issue has not been observed by the rater.) Bennett Boucher City Manager - Name Date Organizational Management 9-16-04 Evaluation Due Plans and organizes work that implements the policies of the City Council. 2. Initiates/maintains effective professional relationships with Department Heads. Demonstrates knowledge/understanding of Departmental operations. 0 Comments: yr»R pgLi cy 0 a S -1 -pr ", QgLk""A!A R.Q%-C-kn 11 1 c0'q ntc.:1\- M TO Cl 1 S cA�� F�t-"CQ Fiscal Management A -S --YO c- P"l-t-94QAA-mss Plans and organizes the preparation of an annual budget with documentation, etc. that conforms to guidelines adopted by the Council. 2. Administers the adopted budget within approved revenues and expenditures. City Manager Evaluation 3. Plans, organizes and supervises the most economic utilization of ff ,,� staff, materials, and machinery/equipment. 147 4. Prepares reports for Council that comprise the most up-to-date data available concerning expenditures and revenue.i Comments: nJQ_>jesz A- cdncP-sr_o qoy!L_ cro-e.�.,,,�G,1� is tkjw, o'a,e.a — &'a.,K•o�..r�� ,a,�-�. pyo �.. ®F C:Kt-!::!s M A N A a jv� sit 0 r2� ,Per- 0._ Planning 1. Establishes a process of planning in anticipation of future needs CV and problems. 2. Participates in the establishment of reasonable goals/objectives for the City and each of its Departments. 3. Achieves goals/objectives, which are the direct responsibility of the City Manager in a timely and professional manner. 4. Assists and coordinates with the City Council and staff in the (( implementation of all city goals/objectives. Comments: o+�-Q-'n��` Pt f*OS f-l-�.� v�oJ► � ,b1to .i r, r :.d. 0��. TC-Ar*'� +'�O•�r ��-Q.S w c�o � G, ,R c.'�wa�,� w o �� b e_%4 -n g �'""p`Bjp-r�r " c� tl iZ �c.C..L`� 1�..�+ cw.i.Q� • pp FZ CZ Staffin 1. Recruits and retains qualified Department Heads. 2. Initiates corrective action to improve employee job performance, when needed. 3. Effectively manages personnel issues including employee insurance, fringe benefits, promotions, pensions, performance evaluations and union negotiations. 2 City Manager Evaluation Comments: w+ Lcw.n� � !Z-��4%�Q- rL�2.P �'-tS� �-•p Lw2`�'w•�-(Z PSS Pr Supervision 1. Encourages Department Heads to make decisions within their own jurisdictions without City Manager approval, yet maintains appropriate control of administrative operations. 2. Instills confidence and initiative in subordinates and emphasize �y support rather than restrictive controls for their programs. 3. Has developed an open professional relationship with all City employees. Comments: +r^`^'c�` `'',",��^`w�4rtv.ar*'—.:� iS f*4Pe p.v.r� 96;0 1 lr1o.� f.-�, Q_ �-�-�p A -r.1 �u�e� G•2s�.,p'► .:,� a - Y'`'N40ate_ a•,n _j'^� A, j o� 2 L C- ©wYti't Relations with Council 1. Responds to requests for information or assistance by the Council and/or by individual Council Members. 2. Adequately informs the Council of current issues. ❑� 3. Accepts and responds to constructive criticism and advice. 4. Carries out the directives of the Council as a whole, rather than those of any individual Council Member. 5. Assumes responsibility for staff performance. S � c�RQ.fJSQ� � �;•�, Z p�p�, erv�Q R - Comments: Lo��- %A-& va-2 — s...,�,a." k C. uee � v 2. � 1V A rl w�n1 c.w.•-'� — v�� .�9 �Q A�g� `�c o 11 A-C�L..�acvJS�2�c w►� O � .rte 0�-�` o„�` Z — P --s S o -}--o City Manager Evaluation Reporting 1. Provides the Council with reports concerning matters of 7 importance to the City. 2. Reports are accurate and comprehensive. 141 3. Reports are generally produced through own initiative, as well as when requested by Council. Comments: p>>�o v $ D,e_ c e.���-.��c- ,;•.� 02 ea�%cc�. -� c. ,,.L `-t-o iar.3 S•N 9-rZ, c. v-ct*W-V-� Q X _ Citizen and Intergovernmental Relations 1. Handles citizens' complaints and questions in a professional and prompt manner. 2. Willingness to meet with members of the community and discuss 14 issues of concern; initiates follow-up as appropriate 3. Cooperates with neighboring communities and maintains open 41 communications with other municipalities in areas that may affect or relate to the City. . n M 1k Comments: w. 04Q••-• *i ���•�, � 't'o . �.O�.�ql- ��wa�_-v�A-�� C_ , T%A rte. At.,o-q�� 8.�.'"t --1� �y� t�o�r�+ r•...Y+ e-rz F.;,.a....o �a,1l.�� P� N.07c pr-r`� oA �i�� _ vv i'�'� n •Q.�.� a•+��1rQ ..� Q,•ryy� W i y In /`�'+O'r may` �..` 1� Q�+"}"� J�"� (�J-` SAO Professional/Personal Characteristics 1. Invests sufficient effort and time in being diligent and thorough in the performance of job responsibilities. 2. Demonstrates willingness to attend seminars/conferences to be kept informed of new legislation, methods and techniques. 3. Demonstrates professional personal appearance. 4 City Manager Evaluation 4. Professional presence - Adequately represents the City with other units of government, professional associations and civic groups/organizations. Comments: e—t-r" is v-0 QN1 i, o��.�c ��Z 6%1 AO �vh�O�C,� TO i�Q S �S7 Pn-y"SS 'Ps N fl v�.PA� A- -tom Oil v,1P— (�� i a Council Observations 1. During the coming year, in what can the City Manager take the greatest pride? What do you observe are his strongest points and finest accomplishments this year? Comments: 2. What areas do you observe most need improv ent? Why? Do you have any--yo;g,� constructive, positive ideas as to how the city Manager can improve these areas? Comments: N'r�t S F3 44�1-t ado VA�OJG- VJ T -Io �a I Two things that the Manager does now that I would most like him to continue: cra�-'`�. �nQ� —rc b � +� o�Q -t�-,.fit- c.��R tri+. %•-P . �. ' :a. 00.a6Z-.,r $ a4 -a- 01.� C.P11-140 �- ., ►��2 'C!�- o�-��eo�r.Qa n�� � eY. �` � -- ti � v t �-� "'t"�.Qn•.� w` � rz (Z�c � Pi -..,s �. City Manager Evaluation b. —� �e�v�.'Z �%-• �Q� —tri 2"�ivi.� p+..� �'� �`t` '"'�'�' c��s t r. Ci ..w o �� -;a%, G;-�f 2 � ► c ffz- 4. Two things that the Manager does now that I would most like him to discontinue: a. b. 5. Two things that the Manager does not do now that I would most like him to do: a.-�j Ea ©viZ,ogQ_ P-rkole-0G.7 w�"O P-ii-lY .`.r. �sw2 vat, P�cARQ rv�, ,Q, e. S `-�'v •� r�4 R� F�.w�noft " ' � .tv.' b.. Lpeq - — v.r•� f -V -)"a -%- QA or -S CG k 9 c� Name and Title of Person Performing Evaluation 6 Date Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Resolutions Item 12 No. Highlights: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION No. 2004-38; AUTHORIZING A 5 -YEAR EXTENSION TO THE GARBAGE COLLECTION AND RECYCLING SERVICES AGREEMENT. DEPT./DIVISION: ADMINISTRATION/ CITY MANAGER Requested Action: City Council considers authorizing a five-year extension to the garbage collection and recycling services agreement with Waste Management Inc. of Florida. Summary Explanation & Background: The attached document is a complete revision to the existing document and provides for clarification of terms and conditions relating to all aspects of this 5 -year renewal. Highlights: • Automated cart program to be provided by 4/1/05 at no additional cost. • Commercial C & D roll -off service is open market. • Residential rates have been reduced, See Page 16. • Provides for an Annual Evaluation of Waste Management. o Term is from October 1, 2004 to September 30, 2009. • (2) Five -Year renewal periods are provided, Page 39. • $3,000 Franchise cost is payable to the City. I recommend approval. Exhibits Attached: Resolution No. 2004-38; Renewal Agreement. City M r Office Department - .7�x- RESOLUTION NO. 2004-38 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING A FIVE-YEAR EXTENSION TO THE GARBAGE COLLECTION AND RECYCLING SERVICES AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into a Garbage Collection and Recycling Service Agreement dated November 18, 1997 as amended; and WHEREAS, the City and Waste Management Inc. of Florida desire to exercise the five-year extension clause stated within the November 18, 1997 Garbage Collection and Recycling Services Agreement; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. The City shall enter into a five-year extension that will expire on September 30, 2009 for Garbage and Recycling Services subject to the rates, terms and conditions outlined in Appendix "A", attached hereto and incorporated herein by reference. SECTION 2. The Agreement shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida this day of , 2004. ATTEST: Rocky Randels, MAYOR E= Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY FOR AGAINST APPENDIX "A" SOLID WASTE AGREEMENT TABLE OF CONTENTS Section Numbers & Headings Page Number 1.0 Recitals...............................................................1 2.0 Definitions............................................................1 2.1 Authorized Representative ........................................... 1 2.2 Biohazardous Waste................................................1 2.3 Biological Waste .................................................. 2 2.4 Bulk Trash.......................................................2 2.5 City.............................................................2 2.6 City Council......................................................2 2.7 City Code or Code.................................................2 2.8 Collection and Disposal Service ...................................... 2 2.9 Collection Equipment .............................................. 2 2.10 Collection Vehicle ................................................. 2 2.11 Collection Regulations .............................................. 2 2.12 Commercial Service ................................................ 2 2.13 Commercial Trash ................................................. 3 2.14 Complaint........................................................3 2.15 Construction and Demolition Debris ................................... 3 2.16 Contract or Agreement .............................................. 3 2.17 Contractor or Franchisee ............................................ 4 2.18 CPI.............................................................4 2.19 Customer........................................................4 2.20 Designated Facility ................................................. 4 2.21 Disposal Costs....................................................4 2.22 Dispute..........................................................4 2.23 Franchise........................................................4 2.24 Garbage.........................................................4 2.25 Hazardous Waste..................................................4 2.26 Household Trash..................................................5 2.27 Mechanical Container .............................................. 5 2.28 Multiple Dwelling Units ............................................ 5 2.29 Performance and Payment Bond or Letter of Credit ....................... 5 2.30 Recyclable Materials ............................................... 5 2.31 Recycling........................................................5 2.32 Recycling Container ................................................ 5 2.33 Refuse..........................................................5 2.34 Refuse Container .................................................. 6 2.35 Rolloff Container .................................................. 6 i 2.36 Residential.......................................................6 2.37 Residential Service ................................................. 6 2.38 Service Area......................................................6 2.39 Sludge..........................................................6 2.40 Solid Waste......................................................6 2.41 Special Waste ..................................................... 6 2.42 Transfer.........................................................6 2.43 Vegetative Waste .................................................. 7 3.0 Grant of Franchise .................................................... 7 4.0 Scope of Work........................................................7 4.1 General Requirements .............................................. 7 A. Laws and Regulations........................................7 B. Labor, Insurance, Equipment, etc . ............................... 7 C. Protection of Public/Private Property and Utilities .................. 8 D. Spillage...................................................8 E. Designated Facility ........................................... 8 F. Holidays...................................................8 G. Contractor's Office .......................................... 8 H. Litter and Dangerous Animals .................................. 9 I. Hour and Days..............................................9 J. Tagging Solid Waste Improperly Containerized .................... 9 K. Customer Report; City Billing Database .......................... 9 L. Site Plan/Development Review ................................ 10 4.2 Residential Service ................................................ 10 A. Frequency of Collection ...................................... 10 B. Point of Collection .......................................... 10 C. Containers and Preparation ................................... 10 1. Household Trash and Garbage ........................... 10 2. Recyclable Materials .................................. 10 3. Vegetative Waste ..................................... 11 4. Bulk Trash..........................................11 4.3 Commercial Service ............................................... 11 A. Frequency of Collection ...................................... 11 B. Point of Collection .......................................... 11 C. Containers and Preparation ................................... 12 1. Commercial Trash and Garbage ......................... 12 2. Recyclable Materials .................................. 12 3. Vegetative Waste ..................................... 12 4.4 Multiple Dwelling Units ........................................... 12 A. Frequency of Collection ...................................... 13 B. Point of Collection .......................................... 13 C. Containers and Preparation ................................... 13 1. Household Trash and Garbage ........................... 13 2. Recyclable Materials .................................. 13 3. Vegetative Waste ..................................... 14 4. Bulk Trash..........................................14 4.5 City Controlled Property ........................................... 14 A. Frequency of Collection ...................................... 14 B. Point of Collection .......................................... 14 C. Containers and Preparation ................................... 14 1. Refuse.............................................14 2. Recyclable Materials .................................. 15 3. Vegetative Waste ..................................... 15 4. Bulk Trash..........................................15 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste ........... 15 4.7 Construction and Demolition Debris Service ........................... 15 A. Exclusive Right Limited ..................................... 15 B. Frequency of Collection ...................................... 16 C. Point of Collection .......................................... 16 D. Containers and Preparation ................................... 16 4.8 Code Enforcement ................................................ 16 4.9 Automated Cart Program ........................................... 16 4.10 Tire Collection ................................................... 16 5.0 Rates and Charges; Compensation to Contractor; Franchise Fee Billing .. 16 5.1 Rates; Compensation to Contractor ................................... 16 A. Residential Service .......................................... 16 B. Commercial and Multiple Dwelling Service ...................... 17 C. Commercial and Multiple Dwelling Vegetative Waste Service ....... 17 D. Optional Special Refuse Collection Service ...................... 17 E. Commercial Rolloff Container Service .......................... 17 F. Code Enforcement .......................................... 17 G. Compactor Service .......................................... 17 H. Optional Special Vegetative Waste Service ....................... 17 I. Commercial Can and Multiple Dwelling Refuse Container .......... 18 5.2 Consumer Price Index Adjustment ................................... 18 5.3 Billing Customers by City .......................................... 19 5.4 Billing and Payment Procedure ...................................... 19 5.5 Franchise Fee....................................................20 5.6 Contractor's Petition for a Rate Adjustment ............................ 20 6.0 Schedules and Routes ................................................. 21 7.0 Collection Equipment and Vehicles .................................... 21 7.1 Type and Amount ................................................. 21 7.2 Condition.......................................................21 7.3 Overloading.....................................................22 7.4 Back-up Equipment ............................................... 22 8.0 Contractor's Personnel ............................................... 22 -iv- 8.1 Contractor's Representative ......................................... 22 8.2 Other Personnel..................................................22 8.3 Conduct of Personnel .............................................. 22 8.4 Uniform Regulations .............................................. 23 8.5 Labor and Employment Laws ....................................... 23 8.6 Informing Personnel of Responsibilities ............................... 23 8.7 Driver's License..................................................23 8.8 Drug Free Workplace..............................................23 9.0 Level of Service; Customer Complaints; Annual Evaluation by City ...... 23 9.1 Level of Service .................................................. 23 9.2 Customer Complaints ............................................. 24 9.3 Annual Evaluation Procedure ....................................... 24 10.0 Authorized Representative's Interpretation and Decision ............... 25 11.0 Other City Permits...................................................26 12.0 Performance Bond; Alternatives ....................................... 26 12.1 Performance Bond................................................26 12.2 Conditions......................................................26 12.3 Reduction of Bond/Letter of Credit ................................... 27 12.4 Use of Performance Bond and Letter of Credit .......................... 27 12.5 Replenishment of Letter of Credit and Performance Bond ................. 27 12.6 Non -renewal, Alteration, or Cancellation of Ltr. of Credit or Perf. Bond ...... 28 12.7 Inflation........................................................28 12.8 Default.........................................................28 12.9 Right to Require Replacement of Bonds or Letter of Credit ................ 28 13.0 Transfer of Ownership or Control ..................................... 28 13.1 Transfer of Franchise .............................................. 28 13.2 Transfer Threshold ................................................ 29 13.3 City Approval....................................................29 13.4 Signatory Requirement ............................................ 29 14.0 Forfeiture or Termination ............................................. 29 14.1 Grounds for Revocation............................................30 14.2 Effect of Circumstances Beyond Control of Franchisee ................... 30 14.3 Effect of Pending Litigation ......................................... 30 14.4 Procedure Prior to Revocation ....................................... 30 15.0 Regulatory Authority.................................................31 15.1 Authority.......................................................31 15.2 Right of Inspection ................................................ 31 15.3 City Regulation..................................................31 15.4 City Health and Sanitation Regulations ................................ 32 16.0 Liability and Insurance...............................................32 16.1 Certificate of Insurance ............................................ 32 16.2 No Liability Limit ................................................ 32 16.3 Endorsement....................................................32 -iv- -v- 16.4 State Institution .................................................. 33 16.5 Named Insured...................................................33 16.6 Changes in Policy Limits ........................................... 33 16.7 Commercial General Liability Insurance ............................... 33 16.8 Automobile Liability Insurance ...................................... 33 16.9 Worker's Compensation ........................................... 34 17.0 Indemnification and Hold Harmless .................................... 34 18.0 Interference with Persons, Public and Private Property, and Utilities ..... 34 19.0 Books and Records Available to City ................................... 35 19.1 Records........................................................35 19.2 Review.........................................................35 19.3 Reports to be Filed................................................35 19.4 Mandatory Records...............................................36 19.5 Quarterly Report to City Council ..................................... 36 19.6 Other Records...................................................36 20.0 Preferential or Discriminatory Practices Prohibited ..................... 36 21.0 Storms; Hurricanes; Natural Disasters; Calamities ...................... 36 22.0 Miscellaneous Provisions .............................................. 37 22.1 Independent Contractor ............................................ 37 22.2 No Joint Venture ................................................. 38 22.3 Entire Agreement ................................................. 38 22.4 Notices.........................................................38 22.5 Captions........................................................38 22.6 Severability.....................................................39 22.7 City's Rights of Inspection .......................................... 39 22.8 Attorney's Fees..................................................39 22.9 Counterparts..................................................... 39 22.10 Waiver.........................................................39 22.11 Jurisdiction; Venue ............................................... 39 23.0 Effective Date; Term.................................................39 23.1 Effective Date ................................................... 39 23.2 Term...........................................................40 23.3 Renewal........................................................40 24.0 Disruption in Collection and Disposal Services .......................... 40 25.0 Liquidated Damages..................................................40 25.1 Legitimate Complaints ............................................. 41 25.2 Spillage........................................................41 25.3 Collection Vehicles and Containers ................................... 41 25.4 Unattended Collection Vehicles ..................................... 41 25.5 Collection Schedules .............................................. 41 25.6 Failure to Keep Collection Vehicles Closed or Covered ................... 41 25.7 Failure to Have Back -Up Collection Equipment When Needed ............. 41 26.0 Contractor's Representative...........................................42 27.0 Time of the Essence...................................................42 28.0 Sovereign Immunity..................................................42 -v- 29.0 Franchise Costs......................................................42 30.0 Title to Refuse.........................................................42 31.0 Public Awareness Campaign ............................................ 42 31.1 General.........................................................42 31.2 Automated Cart Program ........................................... 43 32.0 Additional Recycling Compensation to City ................................ 43 SOLID WASTE AGREEMENT THIS AGREEMENT made and entered into this 1 st day of October, 2004, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City") and WASTE MANAGEMENT, INC., OF FLORIDA, a Florida Corporation, located at 7382 Talona Drive, W. Melbourne, Florida 32904 (hereinafter "Contractor"). -i- WITNESSETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, it appears to be in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials upon the terms and conditions more particularly described herein. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Definitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said appointment may be for the administration and supervision of this Agreement, in whole or in part. 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human - disease -causing agents; used or contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that cause or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 1 of 43 animals. 2.4 Bulk Trash: Shall mean any non -vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, and furniture and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation located in Brevard County, Florida, acting through its City Council or Authorized Representative. 2.6 City Council: Shall mean the City Council of the City of Cape Canaveral, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. 2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by Contractor to perform the collection and disposal service required by this Agreement. 2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal service required by this Agreement. 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. 2.12 Commercial Service: Shall herein refer to the collection and disposal service provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments. 2.13 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, furniture, appliances, wood, paper or cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.14 Complaint: Shall mean verbal or written indication from a customer or the Authorized Representative of a problem with any aspect of the collection and Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 2 of 43 disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.15 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(27), Florida Administrative Code, which at the effective date of this Agreement means: Discarded materials generally considered to be not water soluble and non -hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter which normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project. Further, except as provided in Section 403.707(12)0), Florida Statutes, this term shall also include unpainted, non -treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non -treated wood pallets provided the wood scraps or pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and de minimis amounts of other nonhazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 2.16 Contract or Agreement: Shall mean this Contract, and any amendments and renewals from time to time, executed by the City and the Contractor for the performance of the collection and disposal services described herein. 2.17 Contractor or Franchisee: Shall mean Waste Management, Inc., of Florida and its directors, officers, employees, agents, contractors, and assigns. 2.18 CPI: Shall mean the Consumer Price Index (1982-84=100) for the U.S. City average - all items - all urban customers - south, population less than 50,000, published by the United States Department of Labor, Department of Labor Statistics. 2.19 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 3 of 43 2.20 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.21 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal of solid waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.22 Dispute: Shall mean a disagreement between Contractor and City concerning a question of fact, interpretation of this Agreement, Contractor's compliance and performance with the terms and conditions of this Agreement, and Contractor's level of service provided while performing collection and disposal services. A dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.23 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, contract or otherwise, which authorizes collection and disposal services within the service area. All Franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.24 Garbage: Shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. 2.25 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. 2.26 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, Bo - it -yourself home improvements, and home occupations (as defined by City Code). 2.27 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater dumped mechanically by a collection vehicle and able to be serviced by Contractor. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 4 of 43 2.28 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels, and any mobile home park. 2.29 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. 2.30 Recyclable Materials: Shall mean newspapers (including inserts), aluminum cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste materials added upon written Agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 2.31 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.32 Recycling Container: Shall mean a fourteen (14) gallon recycling bin used by residential customers and one or more ninety (90) gallon recycling center bins for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.33 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.34 Refuse Container: Shall mean a plastic or galvanized metal can, of a type which is commonly sold as a garbage can, which does not exceed thirty-two (32) gallon capacity or fifty (50) pounds in weight when full. Each such can shall have two (2) handles upon the sides of the can or a bail by which it may be lifted by a person and shall have a tight fitting top and shall also mean disposal plastic or paper bags (with or without sack holders and not less than 1 mm thick) of a type which is acceptable to be used for refuse storage and disposal. 2.35 Rolloff Container: Shall mean a dumpster which is used for the collection and disposal of construction and demolition debris or solid waste. The rolloff container may be of the open or enclosed variety and is typically hoisted onto a specifically equipped truck for transporting the construction and demolition debris or solid waste to a designated facility. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 5 of 43 2.36 Residential: Shall mean single family detached homes, duplexes and triplexes. 2.37 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units who are not receiving commercial service under this Agreement. 2.38 Service Area: Shall mean the area within the municipal boundaries of the City of Cape Canaveral, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. 2.39 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. 2.40 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof. 2.41 Special Waste: Shall mean solid wastes that require special handling and management by Contractor, and which are not accepted at the designated facility or other disposal facility or which are accepted at the designated facility or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash, used oil, lead -acid batteries, and biohazardous wastes. 2.42 Transfer means the disposal by this Agreement, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest of Contractor, or thirty-five percent (35%) cumulatively over the term of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. 2.43 Vegetative Waste: Shall mean any vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal solid waste within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights-of-way and to protect the public health, safety, Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 6 of 43 and welfare as shall, at the sole discretion of the City, be in the public's interest. The grant of this franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive franchise with respect to the collection and disposal service at issue. Nothing under this Agreement shall be construed as providing any franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this franchise to provide for the exclusive collection and disposal service of solid waste within the service area, with the exception of the exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal service under the following terms and conditions, all of which shall be a material part of this Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation, subject to Contractor's ability to petition the City Council for a rate adjustment pursuant to paragraph 5.6 of this Agreement. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, tracks, and other tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. C. Protection of Public/Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations, except reasonable wear and tear to roadways. Contractor shall have knowledge of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall repair or have repaired, at no additional cost to the customer or utility owner, any breakage or damage caused by its operations. D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 7 of 43 private or public property or the rights-of-way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing of solid waste. In the event of any spillage caused by Contractor, Contractor shall promptly clean up all spillage at its expense. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up spillage. In addition, Contractor shall promptly clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a designated facility as directed in writing by the Authorized Representative and disposed of at those facilities. At present such designated facility includes the Brevard County disposal facility. F. Holidays. Contractor shall not provide collection and disposal service on holidays observed by the City. The City shall provide a list of such holidays to the Contractor annually. Any disposal and collection service that would have been regularly provided, but for the holiday, shall be provided the day after the holiday. Further, unless otherwise directed by the Authorized Representative in writing, Contractor shall maintain the frequency of collection required by paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor shall inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste which can be categorized as litter unless the same has been caused by Contractor's acts or omissions, in which case, all such scattered solid waste shall be picked up immediately by Contractor. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 8 of 43 vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall immediately notify the customer, in writing, of such conditions and its inability to provide such collection and disposal services. I. Hours and Days. Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on Sundays and holidays designated in paragraph 4.1(F) unless authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, or pile or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed of and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized, bundled, or piled. K. Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account of all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing of customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City of any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Site Plan/Development Review. City shall notify Contractor of pending site plan and development review applications in order to give Contractor an opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. 4.2 Residential Service. Contractor shall provide residential collection and disposal Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 9 of 43 service to residential customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representative shall designate the location. The Contractor and Authorized Representative shall mutually agree upon point of collection locations for non -conforming service areas. For customers that are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer, and the refuse container and recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet and shall not exceed a weight of fifty (50) pounds each. Additionally, vegetative waste shall be properly prepared and stored in refuse containers (except plastic bags), specialized vegetative trash bags approved by the Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 10 of 43 designated facility, or small pieces of vegetative waste shall be in bundles secured by rope, string, twine, cord or tape and large pieces of vegetative waste shall be placed in orderly piles. Each container, bag, or bundle shall not exceed a weight of fifty (50) pounds. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service to commercial customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week, and more frequently as mutually agreed to by Contractor and the commercial customer, and for vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week. B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical container, rolloff container, or compactor under the following conditions: a. Customers shall be permitted to use refuse containers provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) refuse containers; otherwise, customers shall be required to use one Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 11 of 43 or more of the following: mechanical containers, compactor service, or rolloff containers. b. Contractor shall be required to provide an adequate number of mechanical containers, compactors, or rolloff containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and rolloff containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or rolloff container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor may provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from commercial customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless of how it is containerized and prepared. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service to multiple dwelling unit customers as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a City or County site plan or development review process, the location shall be as shown on Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 12 of 43 the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been prepared and stored in a refuse container, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use refuse containers provided the amount of household trash and garbage per collection can be stored in a maximum of four (4) refuse containers; otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number of refuse containers. Mechanical containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative materials generated from multiple dwelling unit customers who specifically request such service or as required by City. If requested, vegetative waste shall be containerized, prepared, and collected pursuant to paragraph 4.2(C)(3) of this Agreement. If required by City, vegetative waste shall be collected and disposed of regardless of how it is containerized and prepared. 4. Bulk Trash. Contractor shall be required to provide collection and Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 13 of 43 disposal services for bulk trash generated from multiple dwelling unit customers regardless of whether it is containerized. 4.5 City Controlled Property. As requested by the Authorized Representative, Contractor shall be required to provide collection and disposal services for all refuse, bulk trash, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights-of-way, sidewalks, beaches, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of refuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Refuse. Contractor shall be required to provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container or mechanical container as determined by the Authorized Representative. Contractor shall be required to provide the mechanical container at Contractor's expense. 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized, prepared, and collected Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 14 of 43 pursuant to paragraph 4.2(C)(3) of this Agreement. Notwithstanding, Contractor and City may mutually agree to some other method of preparation and storage for significant City projects which generate significant amounts of vegetative waste. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated by City regardless of whether it is containerized. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. However, to the extent qualified and licensed, Contractor may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Contractor shall directly bill such persons and entities for such services at a rate mutually agreed on between Contractor and such persons and entities. 4.7 Construction and Demolition Debris Service. Contractor may provide collection and disposal service of construction and demolition debris to residential, multiple dwelling unit, and commercial customers as follows: A. Non-exclusive Right. Contractor shall have the non-exclusive right to provide collection and disposal services for construction and demolition debris utilizing rolloff containers, as that term is defined in paragraph 2.35 of this Agreement, or other appropriate containers. It is the intent and purpose of this Agreement to permit small haulers of construction and demolition debris to competitively operate within the service area. Contractor may compete with said small haulers by providing collection and disposal services for construction and demolition debris. Contractor shall directly bill such services at a rate mutually agreed on between Contractor and such person and entities receiving the services. B. Frequency of Collection. Contractor shall provide collection and disposal services for construction and demolition debris utilizing rolloff containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be provided as frequently as mutually agreed to by Contractor and the customer or as required by the Authorized Representative or City Code to protect the public health, safety, and welfare. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 15 of 43 C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor; provided, collection shall be located within the boundary of the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall be required to provide one or more rolloff containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program. Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). By April 1, 2005, Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. At each ,customer's option, Contractor shall utilize either a ninety-six (96) or sixty-four (64) gallon size container. 4.10 Tire Collection. Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge. 5.0 Rates and Charges: Compensation to Contractor: Franchise Fee Billing. 5.1 Rates; Compensation to Contractor. For collection and disposal services provided under this Agreement, City shall pay Contractor as follows: A. Residential Service. For residential service provided pursuant to paragraph 4.2 of this Agreement, a monthly amount, per customer, equal to $9.18 inclusive of refuse and vegetative waste and recycling. B. Commercial and Multiple Dwelling Mechanical Container Service. For any container service, including commercial and Multiple Dwelling Units) provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount equal to: $27.96 per containerized yard, per pickup Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 16 of 43 $4.00 per containerized yard, per pickup for special services in addition to normal services provided under this Agreement. C. Multiple Dwelling Recycling Service. For multiple dwelling recycling service provided pursuant to paragraphs 4.4(C)(2), a monthly amount equal to $1.66 per unit. D. Commercial Rolloff Container Service. For commercial rolloff container service provided pursuant to paragraph 4.3(C)(1), an amount equal to: Minimum of 1 pull per month as follows: Container delivery, per container $50.00 20 cubic yard box 30 cubic yard box 40 cubic yard box $135.00 per pull $160.00 per pull $185.00 per pull E. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste and construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. F. Compactor Service. For compactor service provided pursuant to paragraphs 4.3(C)(1) and 4.4(C)(1) of this Agreement, an amount mutually agreed to by Contractor and the Customer. G. Multiple Dwelling and Special Vegetative Waste Service. For Multiple Dwelling Units and special vegetative waste collection and disposal service for residential and commercial Customers not provided for hereunder (vegetative waste by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site), in addition to any applicable monthly customer service provided hereunder, an amount equal to: Quarter Clam Load $ 30.00 Half Clam Load $ 60.00 Three Quarter Clam Load $ 90.00 Full Clam Load $120.00 H. Commercial Can and Multiple Dwelling Refuse Container Service. For commercial can and multiple dwelling refuse container service provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 17 of 43 equal to: Individual Commercial Accounts with trash cans: $10.88 per month, per unit Mobile Homes and Multiple Dwelling Units: $4.74 per month, per unit 5.2 Consumer Price Index Adjustment. The rates in paragraph 5.1 shall remain unchanged during the term of this Agreement unless the growth in the gross revenue generated from all collection and disposal services required hereunder falls below five percent (5%) for a particular year. If the gross revenue growth rate falls below five percent (5%), the rates shall be adjusted by the CPI. Each new rate shall be computed pursuant to the following mathematical formula: New Rate = [CPI2 - CPI1] +1 x Current Rate CPIl "CPI1" The published CPI for the month of October of the preceding year. "CPI2" The published CPI for the month of October for the year in which the rate is being adjusted. Adjustments to the prices made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI1 and CPI2 are not expressed in relation to the same base period or if a material change is made in the method of establishing CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. 5.3 Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor under this Agreement, unless otherwise specifically stated herein. City shall perform said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. Contractor agrees to reimburse the City an amount equal to the City's actual cost for billing Contractor's services under this Agreement. Contractor and City acknowledge that the City currently contracts with the City of Cocoa to bill Contractor's services and that the cost is currently equal to $0.35 per each customer bill. 5.4 Billing and Payment Procedure. Unless otherwise provided by the Authorized Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 18 of 43 full documentation establishing the increase in operating costs and the reasons therefor. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor. The Contractor's request must be made within a reasonable time, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City Council shall approve or deny the request (without penalty), in whole or in part, at its sole and absolute discretion, within sixty (60) days of receipt of the request and all other additional information required by the City. 6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection and disposal routes and schedules. The City reserves the unconditional right to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way within the service area while performing collection and disposal services under this Agreement, where the City determines that it is in the best interests of the public health, safety, and welfare to do so because of the conditions of the streets, alleys, bridges, beaches, or public ways. However, Contractor shall not interrupt the regular schedule and level of service because of such closures of less than eight (8) hours in duration. The City shall notify Contractor of any such closures of longer duration, and arrangements shall be made in a manner acceptable to Contractor and the Authorized Representative for the collection and disposal services interrupted by the closure. Customers shall be notified in writing by Contractor of the schedules provided by Contractor and any amendments thereto, provided customers shall be given at least seven (7) days prior written notice of any such amendments. Any and all route and schedule changes must receive prior approval by the Authorized Representative and schedule changes shall be published in a newspaper of general circulation meeting the requirements of Section 50.011, Florida Statutes. 7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for the collection and disposal services as follows: 7.1 Type and Amount. Contractor shall have on hand, at all times under this Agreement, collection equipment that is in good working order and sanitary condition that will permit Contractor to perform the collection and disposal services in a sufficient and efficient manner so that the schedules and routes can be maintained. Collection equipment shall be obtained from a nationally known and recognized manufacturer of collection equipment. Collection vehicles shall be of the enclosed packer type or other type vehicle which meets industry standards and is Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 20 of 43 approved by the Authorized Representative. All collection vehicles shall be equipped with communication devices and such devices shall be maintained in good operating order. 7.2 Condition. All collection equipment shall be maintained, at all times, in a reasonable and safe working condition and shall be in good repair, appearance, and sanitary and clean condition. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the name of the Contractor, Contractor's telephone number and number of the collection vehicle in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is strictly prohibited, except for advertisements promoting City sponsored special events. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage (described in paragraphs 4.1(D) and (H); however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2 of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time and without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in performance of the collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory authority by Contractor shall be made available to the Authorized Representative for consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 21 of 43 Supervisors shall operate a collection vehicle that is equipped with a communication device. 8.3 Conduct of Personnel. Contractor shall require and ensure that its personnel shall serve all customers in a courteous, helpful, and impartial manner. Contractor's personnel shall perform collection and disposal services while using existing sidewalks and driveways when on private and public property. Contractor personnel shall observe all no trespassing signs and shall not cross between neighboring properties unless the customer, or customer's in the case of neighboring properties, has expressly given said personnel permission. Contractor's personnel shall perform all collection and disposal services with due care and shall always take reasonable precautions and steps to avoid damaging all real and personal property including, but not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor shall be fully liable for all such damage caused by Contractor's personnel and Contractor shall promptly provide sufficient and appropriate compensation to customer's for such damage. 8.4 Uniform Regulations. Contractor agrees that the identification of Contractor's personnel while performing the collection and disposal services is important to the customer's health, safety, and welfare. Consequently, Contractor's personnel performing collection and disposal services shall wear a uniform or shirt bearing the Contractor's name. Lettering stitched on or identifying patches permanently attached to the uniform or shirt shall be acceptable. 8.5 Labor and Employment Laws. Contractor shall comply with all applicable local, state, and federal labor and employment laws affecting its personnel. 8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it deems necessary to fully inform its personnel about the terms and conditions and personal responsibilities provided under this Agreement. City shall not be responsible for informing Contractor's personnel of said terms, conditions, and responsibilities. Contractor shall also provide operating and safety training manuals to all its personnel. 8.7 Driver's License. All Contractor's personnel that drive a collection vehicle while performing collection and disposal services shall at all times have and carry a valid Florida commercial driver's license for the type of vehicle being driven. 8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy. If requested by City, Contractor shall provide a document certifying to the City it is a drug free workplace. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 22 of 43 9.0 Level of Service; Customer Complaints, Annual Evaluation By City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality and efficient level of collection and disposal services to all customers. To insure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving the complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services as required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, all failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints will be forwarded to the Contractor by person, telephone, or in writing by mail or facsimile. When received, the Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) hours, on the approved forms, of the action taken to resolve the complaint. If the complaint involves a claim of damage to Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 23 of 43 private or public property caused by Contractor during the performance of collection and disposal services, the Contractor shall within twenty-four (24) hours provide the Authorized Representative with a full written explanation of said complaint, an estimate of the damage, and Contractor's proposed actions to remedy the damage. 9.3 Annual Evaluation Procedure. Contractor's performance shall be annually evaluated by City's Authorized Representative and/or City Council under the following procedure: A. Upon or soon after the occurrence of each annual anniversary date of this Agreement, the Authorized Representative shall conduct and prepare a written annual evaluation of Contractor's performance in providing the collection and disposal services under this Agreement ("Evaluation"). The Evaluation shall be based on the level of service criteria set forth in paragraph 9.1 herein. For each criteria the Authorized Representative shall evaluate and grade Contractor's performance as unacceptable, acceptable but needs improvement, or good. If Contractor receives an unacceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor's performance was unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level of performance up to levels acceptable to the Authorized Representative. B. At the City Council's discretion, the Authorized Representative shall deliver the Evaluation, the aforesaid explanation, and other relevant documents to the City Council for consideration by the City Council at a public meeting. At the meeting, the Authorized Representative and Contractor shall have the opportunity to explain their positions and the City Council shall then determine whether this Franchise should continue under conditions determined by the City Council or be terminated, without penalty, pursuant to paragraph 14.1(H) herein. 10.0 Authorized Representative's Interpretation and Decision. Any dispute between the City and Contractor, which cannot be disposed of by mutual consent between the parties within a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized Representative at such time the Authorized Representative declares an Impasse. Upon Impasse, the Authorized Representative shall have thirty (30) days to decide the Impasse issue, unless additional time is reasonably needed. All such decisions shall be reduced to writing by the Authorized Representative and delivered to Contractor within three (3) days of said decision. All such written decisions shall contain a sufficient explanation, as may be deemed necessary by the Authorized Representative, to explain the decision. The decision shall be final and binding on both parties unless appealed to the City Council. Within three Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 24 of 43 (3) days of the Authorized Representative's decision, Contractor may appeal said decision to the City Council. The City Council will hear and decide the appeal at the next regularly scheduled City Council meeting unless otherwise provided by the City Council. The City Council's decision shall be binding and final. Failure to file an appeal within said time period shall result in a waiver of the right to appeal. Pending the decision, Contractor shall proceed diligently with the performance of the collection and disposal services in accordance with this Agreement and any preliminary directions of the Authorized Representative. The Authorized Representative may amend, suspend, or revoke any decision if circumstances warrant. 11.0 Other City Permits. For collection and disposal services of any kind not exclusively provided by Contractor under this Agreement, Contractor shall obtain all permits required by City Code to provide said services. 12.0 Performance Bond, Alternatives. 12.1 Performance Bond. The Contractor shall obtain and maintain during the entire term of this Agreement and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00) to guarantee the faithful performance by the Contractor of all of its obligations provided under this Agreement and the City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such bond must be issued by a surety. Alternatively, the Contractor shall obtain and continuously maintain an unexpired irrevocable letter of credit, which shall at all times be in the possession of the City. The form and contents of such performance bond or letter of credit shall be acceptable to the City. The letter of credit shall be released only upon expiration of the Agreement or upon the replacement of the letter of credit by a successor Contractor. 12.2 Conditions. The performance bond or letter of credit shall be issued upon the following conditions: A. The performance bond shall be issued by a surety approved by City and licensed and authorized by the State of Florida to do business as a surety in the State of Florida. The irrevocable letter of credit shall be issued by a bank or savings and loan association acceptable to the City, authorized to do business in this State by either the State of Florida Comptroller or the United States government. The letter of credit shall name the City as the beneficiary. B. There shall be recoverable by the City jointly and severally from the principal and surety or the financial institution that has issued the letter of credit, any Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 25 of 43 and all fines and liquidated damages due to the City and any and all damages, losses, costs, and expenses suffered or incurred by the City resulting from the failure of the Contractor to: faithfully comply with the provisions of the City Code and the Agreement; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes due the City which arise by reason of the collection and disposal services provided under this Agreement. Such losses, costs and expenses shall include but not be limited to attorney's fees and other associated expenses. C. The total amount of the bond or letter of credit shall be forfeited as a liquidated damage paid to the City in the event: Contractor abandons, or cancels with less than ninety (90) days written notice to City, its obligations and responsibilities to perform the collection and disposal services required under this Franchise, prior to the expiration of the term of the Agreement; 2. Contractor assigns this Agreement without the express written consent of the City; or This Agreement is terminated by reason of the default of the Contractor. 12.3 Reduction of Bond/Letter of Credit. Upon written application by the Contractor, the City may, at its sole option, permit the amount of the bond or letter of credit to be reduced for the term of this Agreement or periods of time, when it is determined by the City's City Council to be in the public interest. Upon written application by the Contractor, the City may, at its sole option, permit the terms of the requirements of the performance bond/letter of credit to be altered for the term of this Agreement or periods of time, when it is determined by the City Council to be in the public interest. 12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the bond for the purposes described in this section, the City shall notify Contractor in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make a full and complete payment. If the Contractor does not make the payment within thirty (30) days or demonstrate reason acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the letter of credit or the bond. Within three (3) days of a withdrawal from the letter of credit or bond, the City shall send to the Contractor, by certified mail, return receipt requested, written notification of the Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 26 of 43 amount, date and purpose of such withdrawal. 12.5 Replenishment of Letter of Credit and Performance Bond. No later than thirty (30) days, after mailing to the Contractor by certified mail notification of a withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the letter of credit and/or performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a failure of the Contractor to faithfully comply with the provisions of this Agreement. 12.6 Non -renewal, Alteration, or Cancellation of Letter of Credit or Performance Bond. The performance bond and letter of credit required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non -renewal, alteration or cancellation to both the City and the Contractor. The Contractor shall, in the event of any such cancellation, alteration, or non -renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Contractor of any notice of cancellation, alteration, or non -renewal. 12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the amount of the bond or letter of credit provided for herein is subject to annual increases at the end of every year provided the amount of the bond or letter of credit shall not exceed fifty percent (50%) of the total amount paid Contractor by City pursuant to paragraph 5.0 for the year previous to the increase. 12.8 Default. The performance bond and letter of credit provided pursuant to this section shall become the property of the City in the event that this Agreement is canceled or terminated by reason of the default of the Contractor. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware of the financial condition of any bonding or financial institution issuing a performance bond or letter of credit as required herein and said financial condition is reasonably deemed by the City to jeopardize the collateral posted with the City, the City may, at any time, require that any such bond or letter of credit be replaced with such other bond or letter of credit consistent with the requirements set forth in this section. 13.0 Transfer of Ownership or Control. 13.1 Transfer of Franchise. This Agreement shall not be sold, Transferred, leased, assigned or disposed of, including but not limited to, by forced or Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 27 of 43 voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City Council, and then only under such reasonable conditions as the City Council may establish which may include but not be limited to financial guarantees to the collection and disposal services. 13.2 Transfer Threshold. The Contractor shall promptly notify the City of any actual or proposed change in, or Transfer of, or acquisition by any other party of, control of the Contractor. 13.3 City Approval. Every Transfer shall make this Agreement subject to cancellation unless and until the City Council shall have consented thereto in writing. For the purpose of determining whether it may consent to such Transfer, the City may inquire into the legal, financial, character, technical, and other public interest qualifications of the prospective Transferee or controlling party, and the Contractor shall assist the City in obtaining all required information. Failure to provide all reasonable information requested by the City as part of said inquiry shall be grounds for denial of the proposed Transfer. 13.4 Signatory Requirement. Any approval by the City Council of transfer of ownership shall be contingent upon the prospective assignee becoming a signatory to this Agreement. 14.0 Forfeiture or Termination. 14.1 Grounds for Revocation. The City Council reserves the right to terminate this Agreement, without penalty, and rescind all rights and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: A. Contractor defaults in the performance of any of the material obligations to provide collection and disposal services under this Agreement or the City Code; B. Contractor fails to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond (or alternative letter of credit) as required herein; C. Contractor violates any material provisions of any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Agreement and any regulatory ordinance of the City, and Contractor fails to Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 28 of 43 begin cure within five business (5) days of notice from the City and to complete cure within a reasonable time after notice, as determined by the City; D. Contractor practices or engages in any fraud upon the City or any customer; E. Contractor is gross negligent, as defined by general law, in maintaining any of the level of service standards provided in this Agreement; F. Contractor becomes insolvent, unable or unwilling to pay its debts or is adjudged bankrupt; G. Contractor fails to provide collection and disposal service throughout the service area if a disruption of such service occurs pursuant to paragraph 24.0 of this Agreement, unless approval of such disruption is obtained from the City Council; H. Contractor fails to satisfy the level of service annual evaluation conducted by the Authorized Representative and City Council pursuant to paragraph 9.3 of this Agreement; or I. Contractor provided a material misrepresentation of fact in the application for or negotiation of the Franchise granted under this Agreement or any extension or renewal thereof. 14.2 Effect of Circumstances Beyond Control of Franchisee. Contractor shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case, in which performance of any such provision is prevented for reasons beyond the Contractor's control. For the purposes of this Agreement, causes or events beyond the Contractor's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, restraints imposed by order of a governmental agency or court. A fault shall not be deemed to be beyond the Contractor's control if committed by a corporation or other business entity in which the Contractor holds a controlling interest whether held directly or indirectly, when such fault is due to Contractor's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's directors, officers, employees or contractors or agents. 14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the Contractor shall not excuse the Contractor from the performance of its obligations under this Agreement, unless specifically Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 29 of 43 provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the Contractor to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section. 14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual evaluations, the Authorized Representative shall notify the Contractor in writing of the exact nature of the alleged violation constituting a ground for termination and give the Contractor thirty (30) days, or such greater amount of time as the Authorized Representative may specify, to correct such violations or to present facts and arguments to refute the alleged violation. If the Authorized Representative then concludes that there is a basis for termination, it shall notify the Contractor thereof. If within the designated time the Contractor does not remedy and/or put an end to the alleged violation, the City's City Council, after a public hearing where all interested parties may be heard, may suspend or revoke the Franchise under this Agreement, without penalty, if it determines that such action is warranted. The Contractor shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Contractor's control, as stated in Section 14.2. 15.0 Regulatory Authority. 15.1 Authority. The City reserves the right to exercise the maximum authority, as may at any time be lawfully permissible, to regulate the collection and disposal services and any other solid waste services, the Franchise granted hereunder, and the Contractor. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may without the approval of the Contractor engage in any such additional regulation as may then be permissible, whether or not contemplated by this Agreement or the City Code, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to customers, consumer protection, or any other similar or dissimilar matter. The City agrees to meet and confer with the Contractor prior to enacting new regulatory ordinances. 15.2 Right of Inspection. The City shall have the right to inspect in a timely manner and in the accompaniment of a representative of the Contractor all collection and disposal services performed subject to the provisions of this Agreement and equipment used by Contractor, and to make such tests as it shall find necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law. 15.3 City Regulation. To the extent that federal or state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation or Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 30 of 43 decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Contractor, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at the sole discretion of the City. The City shall provide advance notification to the Contractor of its intention to exercise any such regulation and written notification when such ordinance is adopted. However, failure to so provide advance notification to the Contractor or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. 15.4 City Health and Sanitation Regulations. Without any limitation on the authority granted City above, City reserves the unconditional right to adopt by ordinance additional health and sanitation regulations which shall apply to the collection and disposal of solid waste, biohazardous waste, biological waste, construction and demolition debris, hazardous waste, sludge, special waste and all other kinds of waste. To the extent determined at the sole discretion of the City's City Council, these regulations shall be codified in Chapter 62 of the City Code. Contractor shall fully comply with these regulations to the extent applicable to the collection and disposal services provided under this Agreement and said regulations shall be deemed to be fully incorporated herein by this reference. In the event any provision of this Agreement is in conflict with any provision of the additional City health and sanitation regulations, the provision contained in this Agreement shall prevail. 16.0 Liability and Insurance. 16.1 Certificate of Insurance. Prior to the effective date of this Agreement and thereafter continuously throughout the duration of the Agreement and any extensions or renewals thereof, Contractor shall furnish to the City, certificates of insurance and endorsements, in a form approved by the City, for all types of insurance required under this section. Failure to furnish said certificates of insurance and endorsements in a timely manner shall constitute material breach of this Agreement. At the City's request, Contractor shall furnish certificates of insurance and endorsements which are in effect from time to time. 16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to limit the liability of Contractor for damages under this Agreement. 16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 31 of 43 contain an endorsement in substantially the following form: It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) Days after receipt by the City of Cape Canaveral City Manager by certified mail, of a written notice of such intention to cancel or not to renew. 16.4 State Institution. All insurance policies provided pursuant to this Agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. The insurance company shall have a Best Insurance rating of A or better, unless otherwise approved by the Authorized Representative. 16.5 Named Insured. The City shall be an additional named insured for all insurance policies written pursuant to this Agreement, as the City's interests may appear from time to time. 16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or termination date of this Agreement (whichever occurs first), at the City's discretion, but not to exceed the coverage, limits, and amounts of insurance the City requires of other contractors transacting business with the City. 16.7 Commercial General Liability Insurance. Contractor shall maintain throughout the term of this Agreement, general liability insurance insuring Contractor in the minimum of: A. $1,000,000 for property damage single limit; and B. $1,000,000 single limit liability for personal bodily injury or death to any one person. 16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of the Agreement, automobile liability insurance for owned, non -owned, or rented vehicles in the minimum amount of: A. $1,000,000 single limit liability for bodily injury and consequent death per Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 32 of 43 occurrence; and B. $1,000,000 for property damage per occurrence. 16.9 Worker's Compensation. Contractor shall maintain throughout the term of the Agreement, worker's compensation at least to the minimum amount of the statutory limit for worker's compensation, as amended from time to time. 17.0 Indemnification and Hold Harmless. For all collection and disposal services performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its council members, attorneys, employees, officers, and agents from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, pre-trial, trial, post judgment, and appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's or its subcontractors, or agents performance of the collection and disposal services pursuant to this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train employees under Contractor's control or direction; and (iv) failing to properly equip or hire employees under Contractor's control or direction in the performance of the collection and disposal services under this Agreement. The indemnification provided above shall obligate Contractor to defend at its 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, its council members, attorneys, employees, officers, and/or agents which may result from the collection and disposal services under this Agreement whether the collection and disposal services be performed by the Contractor, its subcontractors, 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 attorney fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate deemed reasonable at the time indemnification is required. The City agrees to be responsible for the City's own negligent acts and omissions. 18.0 Interference with Persons, Public and Private Property, and Utilities. Contractor's collection equipment and personnel used in performing the collection and disposal services hereunder shall: A. Not endanger or interfere with the health, safety or lives of persons; Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 33 of 43 B. Not interfere with any improvements which the City, county, state, and federal government may deem proper to make; C. Not interfere with the free and proper use of Public Rights -of -Way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual collection and disposal services being provided hereunder; D. Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual collection and disposal services being provided hereunder; and E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, stormwater drainage, telephone, or other utility facilities located within the service area. 19.0 Books and Records Available to City; Quarterly Report to City Council. 19.1 Records. With advance written request, the City shall have the right to inspect and copy at any time during Contractor's normal business hours, all books, records, maps, revenue statements, service complaint logs, performance test results and other like materials of the Contractor that are directly related to the collection and disposal services provided under this Agreement and which constitute a public record under Chapter 119, Florida Statutes. It is agreed that this Solid Waste Agreement and Contractor's performance thereunder as an independent contract does not render Contractor a public agency. Further, Contractor's trade secrets and proprietary information shall not be subject to disclosure hereunder. Said records shall be maintained at Contractor's office set forth in paragraph 4.1(G) of this Agreement. 19.2 Review. For records not constituting a public record under Chapter 119, Florida Statutes, Contractor shall permit, during Contractor's normal business hours, the Authorized Representative to examine, at the City's discretion, any and all maps and other records kept or maintained by the Contractor or under its control concerning the operations, affairs, transactions or property of Contractor relative to the collection and disposal services provided under this Agreement. The examination shall take place at Contractor's office. 19.3 Reports to be Filed. The following reports shall be provided to the City: A. A monthly customer report sorted alphabetically by address, which lists the Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 34 of 43 customer's address and name, type, quantity, and size of the container picked - up from the customer, and a description of the kind of service provided customer. B. An annual report prepared by Contractor or the parent company of Contractor shall be provided annually at the time said report is published. 19.4 Mandatory Records. The Contractor shall at all times maintain: A. A record of all complaints received and interruptions, disruptions, or degradation of collection and disposal services for the preceding year prior to the annual performance evaluation by the City. B. A full and complete document(s) describing the rates, schedules, and routes for the collection and disposal services. C. A record of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. 19.5 Quarterly Report to City Council. Contractor shall present a quarterly report to the City Council for each calendar quarter regarding the status of collection and disposal services being provided hereunder. 19.6 Other Records. The City may impose reasonable requests for additional information, records and documents from time to time, and the Contractor shall produce said records within ten (10) business days, so long as such request relates to the City's enforcement abilities under this Agreement or the Code. 20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services rendered and all rules and regulations adopted by Contractor shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of potential customers within the City because of the income of the customers within the service area. Contractor shall not charge customers different rates for service for the same class or type of service. However, this paragraph is not intended to restrict Contractor from offering reasonable discounts to senior citizens or other economically disadvantaged groups in accordance with any local, state, or federal law. 21.0 Storms; Hurricanes; Natural Disasters; Calamities. In the event a major storm, hurricane, natural disaster, or any other type of major or serious calamity ("calamity") causes an Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 35 of 43 excessive amount of refuse, vegetative waste, bulk trash, or other excessive debris ("debris") to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor shall collect such debris at the City's written request. City agrees to pay Contractor for such additional service in an amount mutually agreed upon in writing by the City and Contractor. Contractor acknowledges and agrees that collection and disposal services performed after a calamity may be subject to special procedures in order that the City can receive reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall be fully responsible and liable for complying with all such procedures and shall also indemnify and hold harmless the City in the event Contractor fails to comply with said procedures. Nothing in this Agreement shall exclude or prohibit the City or any other contractors from collecting and disposing of such debris caused by a major or serious calamity. 22.0 Miscellaneous Provisions. 22.1 Independent Contractor. Contractor is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer/employee relationship, a joint venture relationship, a partnership relationship, or to allow the City to exercise control or direction over the manner or method by which Contractor performs the collection and disposal services which are the subject matter of this Agreement. Contractor understands and agrees that: (i) the City will not withhold on behalf of Contractor pursuant to this Agreement any sums for payment of income tax, unemployment insurance, social security or any other withholding; (ii) all such payments, withholdings and taxes are the sole responsibility of Contractor; and (iii) Contractor will indemnify and hold the City, its City Council members, attorneys, employees, officers, and/or agents harmless from and against any and all loss or liability arising with respect to such payments, withholdings, or taxes, including, but not limited to reasonable attorneys' fees through any and all administrative, pre-trial, trial, post trial judgment, and appellate proceedings. The parties hereto agree that both Contractor and the City shall have the right to participate in any discussion or negotiation with the Internal Revenue Service concerning Contractor's independent contractor status regardless of with whom or by whom such discussions or negotiations are initiated. In the event that any applicable government agency determines that Contractor is an employee of the City and the City is required to pay any additional amount to any governmental authority based upon Contractor being reclassified an employee of the City, Contractor hereby covenants and agrees to reimburse immediately the City for any such amount paid to any such governmental authority and the costs and expenses associated with defending the City, including, but not limited to reasonable attorneys' fees. In the event that Contractor is reclassified as an employee and becomes eligible for a refund of any taxes paid to any Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 36 of 43 governmental agency, including but not limited to, a claim for refund of self- employment taxes, then Contractor hereby covenants and agrees to pursue any such refund and assign to the City the proceeds from any such refund. 22.2 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. 22.3 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersede all prior oral negotiations and written agreements between the parties. This Agreement may be amended, supplemented, modified, or changed only by a written instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the parties. 22.4 Notices. Any notice, request, instruction, or other document to be given as part of this Contract shall be in writing and shall be deemed served when either delivered in person to the following designated agents or received by registered or certified United States mail, return receipt requested, postage prepaid, or received by facsimile, addressed as follows: TO THE CITY: City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 ph: 321-868-1230 TO THE CONTRACTOR: George Geletko Florida Government Affairs Director Waste Management, Inc., of Florida 7382 Talona Drive W. Melbourne, Florida 32904 Ph: 407-723-4455 Either party may change the aforementioned designated agents at any time by Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 37 of 43 providing written notice of such change to the other party. 22.5 Captions. Captions to sections through this Agreement are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement 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. Such holding shall not affect the validity of the remaining portions of this Agreement, unless the City determines that the portions remaining (without the severed portions) have an adverse effect on the best interests of City, then City shall have the right to terminate this Agreement. 22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the City in any suit or proceeding to which Contractor is a party, concerning or involving this Agreement and the City's rights under this Agreement. 22.8 Attorney's Fees. In the event of litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, pre-trial, trial, post judgment, and appellate proceedings. 22.9 Counterparts. 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. 22.10 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level of service shall not act as a waiver of the City's right to later claim a failure to perform on the part of Contractor. 22.11 Jurisdiction; 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. 23.0 Effective Date; Term. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 38 of 43 23.1 Effective Date. The effective date of the Contract shall be October 1, 2004. The prior Contract between the parties, and all addendums thereto, is hereby superseded and of no further force and effect; provided, however, Contractor shall be paid the last month's billing under the prior Contract for only the last month's collection and disposal services performed by Contractor. 23.2 Term. The term of this Agreement shall be from October 1, 2004 to September 30, 2009, subject to an annual evaluation by the City under paragraph 9.0 herein and termination as provided for in paragraph 14.0 herein. The term of this Agreement may be extended pursuant to paragraph 23.3 herein. 23.3 Renewal. By mutual agreement between the parties, this Agreement may be renewed by exercising a maximum of two (2) five (5) year renewal terms. Contractor shall deliver to the City written notice of its desire to renew this Agreement at most One Hundred Eighty (180) days and at least Ninety (90) days prior to the expiration of this Agreement or renewal thereof. 24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or more behind in its collection schedule, City may, at its option, cause the collection and disposal services to be performed by any means available to City. Such means may include, but not be limited to, City taking over and operating the collection equipment used in the performance of this Agreement until such time Contractor can perform the collection and disposal services and City contracting with a third party to perform the collection and disposal services. Any cost incurred by City in exercising this option shall be charged against Contractor and the performance bond or alternative letter of credit furnished by Contractor under this Agreement. The foregoing option shall only be exercised by a majority vote of the City's City Council after the City Council has declared that the disruption has caused an emergency to arise within the service area that adversely effects the public health, safety, and welfare. 25.0 Liquidated Damages. It is the intent of Contractor and City to provide for liquidated damages for certain breaches of this Agreement by Contractor. The liquidated damages set forth shall not be construed as a penalty. At the effective date of this Agreement, Contractor and City agree that any damages flowing from Contractor's breach of paragraphs 25.1 through 25.7, inclusive, are not readily ascertainable, and the liquidated damages set forth therein are reasonable and proportionate to any damages that might reasonably be expected from a breach of said paragraphs. As such, should Contractor fail to perform the collection and disposal services required below, City shall be entitled to liquidated damages as follows: Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 39 of 43 25.1 Legitimate Complaints. For each legitimate complaint in excess of ten (10) per calendar month, liquidated damages shall be $100.00 and $25.00 each complaint in excess of ten. 25.2 Spillage. For each occurrence Contractor fails to clean up litter or spillage (which is prohibited by paragraphs 4.1(D) and 4.1(H), liquidated damages shall be $25.00 per occurrence. 25.3 Collection Vehicles and Containers. For each occurrence Contractor fails to promptly clean collection vehicles or change mechanical containers or compactors at the request of the Authorized Representative, liquidated damages shall be $25.00 per vehicle or container. 25.4 Unattended Collection Vehicles. For each occurrence Contractor leaves a loaded collection vehicle unattended on the street unnecessarily, liquidated damages shall be $25.00 per occurrence. 25.5 Collection Schedules. For each occurrence Contractor fails to maintain a collection schedule required by this Agreement, liquidated damages shall be $250.00 per occurrence and $10.00 for each customer not served on a particular day as regularly scheduled. 25.6 Failure to Keep Collection Vehicles Closed or Covered. For each occurrence Contractor fails to keep a collection vehicle closed or covered, liquidated damages shall be $25.00 per occurrence. 25.7 Failure to Have Back -Up Collection Equipment When Needed. For each occurrence Contractor fails to have back-up collection equipment available to temporarily replace collection equipment that is in a state of disrepair or is inoperable when a customer or the Authorized Representative demands collection and disposal services as required by this Agreement, liquidated damages shall be $25.00 per occurrence. Such liquidated damages shall be deducted from the monthly payments due the Contractor under this Agreement. In the event that Contractor does not accept the deductions, the City shall have the right to claim against the performance bond or letter of credit required under this Agreement. 26.0 Contractor's Representative. Contractor shall designate an individual to act as a Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 40 of 43 representative for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. This person shall be Contractor's contract administrator. Initially, the person who shall act as the representative for Contractor with respect to this Agreement shall be George Geletko, District Manager. Contractor may from time to time designate other individuals or delete individual's with the authority to act for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence for the completion of the collection and disposal services to be performed under this Agreement. Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. 28.0 Sovereign Immunity. 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. 29.0 Franchise Costs. Contractor agrees to pay the reasonable administrative and legal costs incurred by the City in initially granting this Franchise, which shall be Three Thousand and No/100 Dollars ($3,000.00). Payment shall be made to the City no later than thirty (30) days from the initial effective date. In the event this Franchise is renewed, transferred or assigned, Contractor or its successor in interest shall pay to the City the reasonable legal and administrative costs incurred with said renewal or assignment, not to exceed Three Thousand and No/100 Dollars ($3,000.00). Payment shall be made to the City no later than thirty (30) days from the effective date of said renewal, transfer, or assignment. 30.0 Title to Refuse. The City shall have the right and title to all refuse, except recycling, collected by Contractor under this Agreement. 31.0 Public Awareness Campaign. 31.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness campaign to promote the collection and disposal services provided under this Agreement. All materials and publications used by Contractor shall be reviewed by the City and approved by the Authorized Representative. All materials and publications used by the City shall be reviewed by Contractor and approved by Contractor's representative. Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 41 of 43 31.2 Automated Cart Program. Upon the effective date of this Agreement, Contractor shall be implementing a new Automated Cart Program within the Service Area. Contractor shall provide communication of said service to all customers receiving the service by direct mail, a letter to all Homeowners' Associations, and City newsletter and website. During the implementation phase, Contractor shall also conduct a customer satisfaction survey which shall be reported to the City in writing upon completion. 32.0 Additional Recycling Compensation to City. 32.1 The Collector will maintain accurate weight records of each type of recycling material collected within the City. The recyclable materials will be mixed with similar materials collected from other recyling areas. The materials may be held until enough volume is accumulated and/or the offering price appears to be in the best range under the existing condition in the judgment of the Collector at which time the material will be sold. The cost for processing and shipment will be taken out of the revenue received for the sale of material. The remaining money, if any, will be the City's. The recyclable materials may be handled through a County processing center if and when one is developed. The revenue from the materials would be handled in the same manner as above. Within fifteen (15) days after the Collector receives the revenue for the materials, a check for the City's portion of the money will be mailed to the City. 32.2 The Collector will provide the City with a monthly statement showing the quantity of recyclable material collected, the expenses, and the revenues relating to the recyclable materials. This report will identify by week, by type of material, the amount of recyclable materials collected from the City. It will also show the accumulative amounts of material from the City at the Collector's site, and the amount of the City's materials sold that month. Within two (2) weeks of each materials sales, a report will be issued to the City showing the amount of materials from the City that was involved in the same, the portion of the processing and shipping cost, and the amount of money due the City. If the cost exceeds the revenue, there will be no charge to the City, but if the revenue exceeds the cost, the City will receive one hundred percent (100%) of the excess. ATTEST: CITY OF CAPE CANAVERAL, FLORIDA: Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 42 of 43 By: Susan Stills, City Clerk Rocky Randels, Mayor Name/Title: CORPORATE SEAL: WASTE MANAGEMENT, INC., OF FLORIDA By: Print David Green, Market Area Vice President Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 43 of 43 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Resolutions Item 13 No. See attached memo from Waste Management comparing the new fees with the existing fees. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-39; REVISING THE SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE. DEPT./DIVISION: ADMINISTRATION/ FINANCE Requested Action: City Council considers the adoption of Resolution No. 2004-39 revising the Schedule of Fees for the Collection and Disposal of Solid Waste. Summary Explanation & Background: The Fee Schedule will be effective November 1, 2004 in order for the City of Cocoa to re -program the Utility Billing System. These bills will be mailed out in early December. See attached memo from Waste Management comparing the new fees with the existing fees. recommend approval. Exhibits Attached: Resolution No. 2004-39/ Waste Management Memo. City Mana Off Department RESOLUTION 2004-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVRAL, BREVARD COUNTY, FLORIDA, REVISING THE ADOPTED SCHEDULE OF FEES FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE, IN ACCORDANCE WITH THE SOLID WASTE FRANCHISE AGREEMENT BETWEEN THE CITY OF CAPE CANAVERAL AND WASTE MANAGEMENT, INC. OF FLORIDA; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 19, 2004, the City Council of the City of Cape Canaveral, Florida, adopted Resolution No. 2004-38 granting a five-year franchise extension for the collection and disposal of solid of solid waste to Waste Management, Inc. of Florida; and WHEREAS, in accordance with the adopted franchise agreement the City Council desires to amend Appendix B of the City Code to reflect the current schedule of fees for solid waste collection and disposal; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DUTY RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, that: SECTION 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. SECTION 2. Schedule of Fees Adopted. The schedule of fees contained within Sections 5.1 and 5.2 of the solid waste agreement is hereby adopted and approved. A copy of such sections is attached hereto as Exhibit "A" and is hereby fully incorporated herein by this reference. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deems a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Resolution. SECTION 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. EXHIBIT "A" 5.1 Rates; Compensation to Contractor. For collection and disposal services provided under this Agreement, City shall pay Contractor as follows: A. Residential Service. For residential service provided pursuant to paragraph 4.2 of this Agreement, a monthly amount, per customer, equal to $9.18 inclusive of refuse and vegetative waste and recycling. B. Commercial and Multiple Dwelling Mechanical Container Service. For any container service, including commercial and Multiple Dwelling Units) provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount equal to: $27.96 per containerized yard, per pickup $4.00 per containerized yard, per pickup for special services in addition to normal services provided under this Agreement. C. Multiple Dwelling Recycling Service. For multiple dwelling recycling service provided pursuant to paragraphs 4.4(C)(2), a monthly amount equal to $1.66 per unit. D. Commercial Rolloff Container Service. For commercial rolloff container service provided pursuant to paragraph 4.3(C)(1), an amount equal to: Minimum of 1 pull per month as follows: Container delivery, per container $50.00 EXHIBIT "A" (con't) 20 cubic yard box $135.00 per pull 30 cubic yard box $160.00 per pull 40 cubic yard box $185.00 per pull E. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste and construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. F. Compactor Service. For compactor service provided pursuant to paragraphs 4.3(C)(1) and 4.4(C)(1) of this Agreement, an amount mutually agreed to by Contractor and the Customer. G. Multiple Dwelling and Special Vegetative Waste Service. For Multiple Dwelling Units and special vegetative waste collection and disposal service for residential and commercial Customers not provided for hereunder (vegetative waste by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site), in addition to any applicable monthly customer service provided hereunder, an amount equal to: Quarter Clam Load $ 30.00 Half Clam Load $ 60.00 Three Quarter Clam Load $ 90.00 Full Clam Load $120.00 H. Commercial Can and Multiple Dwelling Refuse Container Service. For commercial can and multiple dwelling refuse container service provided pursuant to paragraphs 4.3 and 4.4 of this Agreement, a monthly amount equal to: Individual Commercial Accounts with trash cans: $10.88 per month, per unit Mobile Homes and Multiple Dwelling Units: $4.74 per month, per unit 5.2 Consumer Price Index Adjustment. The rates in paragraph 5.1 shall remain unchanged during the term of this Agreement unless the growth in the gross revenue generated from all collection and disposal services required hereunder falls below five percent (5%) for a particular year. If the gross revenue growth rate falls below five percent (5%), the rates shall be adjusted by the CPI. Each new rate shall be computed pursuant to the following mathematical formula: EXHIBIT "A" (con't) New Rate = [CPI2 - CPI I1 +1 x Current Rate CPI1 "CPI1 " The published CPI for the month of October of the preceding year. "CPI2" The published CPI for the month of October for the year in which the rate is being adjusted. Adjustments to the prices made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI1 and CPI2 are not expressed in relation to the same base period or if a material change is made in the method of establishing CPI, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. WASTE MANAGEMENT P. O. Box 120189 7382 Talona Drive (32904) West Melboume, FL 32912.0189 (407) 723-4455 (407) 984.8170 Fax George Geletko June 29, 2004 Bennett C. Boucher, City Manager City of Cape Canaveral 100 Polk Ave. Cape Canaveral, Florida 32920 Re: Contract Renewal Dear Mr. Boucher, Thank you for meeting with Kenneth Rivera and myself for the purpose of negotiating a new Solid Waste Collection Franchise Agreement. We certainly understand the city's position on service quality and value. This is one, we both share. We agree, the new agreement will increase both quality and value to all the citizens of your great city. We respectfully request the city council to consider the five-year option of the Solid Waste Franchise Agreement as negotiated and mutually agreed by both our parties. CHANGES • CPI — Rates for Garbage and Recycling will remain frozen at their current levels for the next 5 years unless revenue growth falls below 5%. This growth rate shall be calculated using a base figure determined after the reduction in Multi -family recycling. Should the overall growth drop below 5%, then an increase of the established CPI, pulled in June of the current year represents the increase. This increase will be set in August. • Roll -off - Construction and Demolition category excluded from the Franchise Agreement. This service will be provided by the open market. • * Cocoa billing charge - 5.35 deducted for each customer bill and deducted from the monthly invoice. • **Reduction in Multi -Family Recycling Rate — To offset this reduction, Multi -Family will purchase Clamshell service separately from Waste Management on an as needed basis. • Cart System — Waste Management will provide a public awareness program prior to the start of the cart program. The City will also participate in this public awareness activity. Within the first year of the new contract Waste Management will provide a schedule and begin to implement a Cart System. �4 i COLLECTION FEES: Existing Proposed 1. Single-family, duplex and triplex, per unit per month. $7.67 * $7.32 2. Mobile home units and individual apartments or condominiums $4.74 $4.74 per unit per month. 3. Individual commercial business accounts with trash -cans $11.23 * $10.88 per unit per month. 4. Commercial Dumpsters used by commercial businesses, apartment $27.96 $27.96 Complexes and condominiums, per containerized yard per pick-up. 5. Special collection services, in addition to the normally provided $4.00 $4.00 Twice -weekly service for commercial dumpsters as provided in (4) Above, per containerized yard per pick-up. 6. Recycling service, per single-family, duplex and triplex, per unit month. $2.21 $1.86 7. Recycling service, per Multi -family residential unit, $2.21 ** $1.66 8. Roll -off container service (billed and collected by Waste Management) • MSW Container delivery, per container. $50.00 $50.00 • MSW per pull, per container 20 cubic yard. $135.00 $135.00 • MSW per pull, per container 30 cubic yard. $160.00 $160.00 • MSW per pull, per container 40 cubic yard. $185.00 $185.00 • CONSTRUCTION & DEMOLITION (OPEN MARKET) 9. Multi -family bulk green waste collection rates. • Full Clam load. $120.00 • % Clam load. $ 90.00 • '/z Clam load. $ 60.00 • '/. Clam load. $ 30.00 Thank you for allowing us to serve your fine community during the past four years. We look forward to providing quality Solid Waste Collection service to your citizens in the future. Sincerely, gR Geletko Florida Government Affairs Director Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Resolutions Item 14 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2004-40; AMENDING THE LEGAL SERVICES AGREEMENT DEPT./DIVISION: LEGISLATIVE Requested Action: City Council considers amending the Legal Services Fees as discussed during the Budget Workshop Meeting. Summary Explanation & Background: The City Attorney would like the opportunity to discuss increasing the hourly rates pertaining to non - litigation, litigation and paralegals. I recommend approval. Exhibits Attached: Resolution No. 2004-10. City Mar g&!ss Office. Department LM� RESOLUTION 2004-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, RELATING TO ITS CONTINUING AGREEMENT FOR LEGAL SERVICES; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City entered into an Agreement for Legal Services (hereinafter "Agreement") on or about March 18, 2003, with predecessor of Brown, Garganese, Weiss & D'Agresta, P.A. (hereinafter "Law Firm") for the provision of continuing legal services; and WHEREAS, the City has been and continues to be satisfied with the services provided by the Law Firm, City hereby agrees to an increase of compensation for such services as provided herein; and WHEREAS, the City Council deems that this Resolution is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, THAT: Section 1. Incorporation of Recitals. The foregoing recitals are deemed true and correct and hereby fully incorporated herein by reference. Section 2. Amendment of Compensation — Fees and Expenses. The Agreement is amended such that Law Firm's billable rate for non -litigation related legal services shall be $ per hour, and not to exceed $ per hour for paralegals of the Law Firm (if any). Law Firm's billable rate of litigation related legal services shall be $ per hour. All other terms and conditions provided with the Agreement shall continue in full force and affect. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, whether for substantive or procedural reasons, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 4. 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 5 Effective Date. This Resolution shall become effective immediately upon its adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral, Florida Resolution No. 2004-40 Page 1 of 2 Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this _ day of , 2004. ROCKY RANDELS, Mayor ATTEST: For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral, Florida Resolution No. 200440 Page 2 of 2 Bob Hoog Jim Morgan Rocky Randels SUSAN STILLS, City Clerk Richard Treverton Steve Miller First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral, Florida Resolution No. 200440 Page 2 of 2 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Ordinance: Summary Explanation & Background: First Public Hearing Item 15 No. City Man ps Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-2004; AMENDING CODE SECTION 2-171, PROVIDING FOR THE APPOINTMENT OF EX -OFFICIO MEMBERS TO CITY BOARDS AND COMMITTEES. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council considers at First Reading, Ordinance No. 20-2004, providing for the appointment of Ex - Officio Members to City Boards and Committees. Summary Explanation & Background: See attached Ordinance. I recommend approval. Exhibits Attached: City Attorney memo/ Ordinance No. 20-2004. City Man ps Office Department BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Late Usher L. Brown • Offices in Orlando, Kissimmee, Jeffrey P. Buak° Cocoa &ViDebra S. Babb-Nutcher" era Suzanne D'Agresta° Joseph E. Blitch Anthony A. Garganese° John U. Biedenharn, Jr. John H. Ward' Victoria L. Cecil Jeffrey S. Weiss Lisa M. Fletcher Amy J. Goddard Katherine Latorre *Board Certified Civil Trial Lawyer "Board Certified City, County & Local Government Law September 29, 2004 VIA FACSIMILE and U.S. MAIL Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance - Ex -Officio Board Members City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Erin J. O'Leary J. W. Taylor Of Counsel Please allowthis correspondence to serve as a follow-up to the City Council meeting of September 21, 2004, regarding the above -referenced matter. In that regard, we have prepared a very short and simple Ordinance which amends Section 2-171 of the City code to provide, at the discretion of the City Council, the appointment of Ex -Officio Members to the various City's boards or committees. Such Ex -Officio Members will serve only in advisory capacity and may participate in discussions but are not permitted to vote on any matter before the Board. 225 East Robinson Street, Suite 660 - P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@orlandolaw.net Bennett Boucher, City Manager City of Cape Canaveral September 29, 2004 Page 2 Please let us know if you have any questions, comments, or concerns regarding the proposed Ordinance. If it meets with your approval, please place the item on the next available City Council agenda for their consideration. Very truly yours, ece. Buak Assistant City Attorney JPB/eah Enclosure: Ordinance G:\DOCS\City of Cape Canaveral\Correspondence\Boucher\OrdinanceExOMcioBoardMembers_Ltr082904.wpd ORDINANCE NO. , AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 2-171 ENTITILED BOARDS, COMMITTEES, COMMISSIONS; PROVIDING FOR THE APPOINTMENT OF EX -OFFICIO MEMBERS TO CITY BOARDS AND COMMITTEES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council believes the appointment of ex -officio members to its various boards and committees will provide an opportunity to gain valuable expertise and assistance to such boards; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED 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 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 2 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and st ikeeut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 2, Administration. It is intended that the text in Chapter 2, Administration denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 1 of 3 CHAPTER 2 — ADMINISTRATION ARTICLE IV. BOARDS, COMMITTEES, COMMISSIONS DIVISION 1. GENERALLY Sec. 2-171. Uniform procedures and requirements. (p) Ex Officio Members At the discretion of the city council, ex -officio members may be appointed to each city board or committee to serve in an advisory capacity to such board or committee Ex -officio members shall be provided with all agendas and documentation provided to regular members and shall be permitted to provide input during discussions. Ex -officio members shall not be permitted to vote on matters before the board. Each ex -officio member shall meet all of the requirements for board membership provided within this section and as otherwise provided by law. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading maybe changed or modified as necessary to effectuate the foregoing. 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. City of Cape Canaveral Ordinance No. 2of3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of . 2004. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Steve Miller Jim Morgan Rocky Randels SUSAN STILLS, City Clerk Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Lawyer\jeftb\City of Cape Canaveral\Ordinances\P BLANK ORD AAA.wpd City of Cape Canaveral Ordinance No. 3 of 3 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Ordinances: Summary Explanation & Background: First Public Hearing Item 16 No. City Mangwei` ) fFce AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 21-2004; AMENDING SECTION 54-2; PARK HOURS DEPT./DIVISION: PARKS AND RECREATION Requested Action: City Council considers at First Reading, Ordinance No. 21-2004, to amend Code Section 54-2, Park Hours, for the Manatee Sanctuary Park. Summary Explanation & Background: This ordinance will establish the hours of operation for Manatee Sanctuary Park shall be closed from forty-five minutes after sunset until 7:00 A.M. the following morning. Exhibits Attached: Ordinance No. 21-2004. City Mangwei` ) fFce Department BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Attorneys at Lain Usher L. BrownOffices in Orlando, Kissimmee, Debra S. Babb-Nutcher" Jeffrey P. Buak" Cocoa & Viera Joseph E. Blitch Suzanne D'Agresta° John U. Biedenharn, Jr. Anthony A. Garganese° Victoria L. Cecil John H. Ward' Lisa M. Fletcher Jeffrey S. Weiss Amy J. Goddard Katherine Latorre 'Board Certified Civil Trial Lawyer Erin J. O'Leary °Board Certified City, County & Local Government Law J. W. Taylor Of Counsel October 13, 2004 VIA E-MAIL and U.S. MAIL Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Ordinance - Revised Chapter 54 -Parks and Recreation Relating to Park Hours of Operation at the Manatee Sanctuary Park City of Cape Canaveral - General Our File No.: 513-001 Dear Bennett: Please enclosed herewith a copy of the above -referenced Ordinance for Council consideration. If you have any questions regarding this Ordinance, please do not hesitate to contact our offices. Very truly yours, _ _.--- Je f y P. Buak Assistant City Attorney JPB/eah Enclosure cc: Nancy Hanson, Recreational Director, City of Cape Canaveral GADocs\City of Cape Canaveral\Correspondence\Boucher\Ordinance_ParkHoursManateeSanctuary_Ltr101204.wpd 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 • Cocoa & Viera (866) 425-9566 Website: www.orlandolaw.net • Email: firm@odandolaw.net ORDINANCE NO. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE CHAPTER 54 ENTITLED PARKS AND RECREATION; PROVIDING FOR REVISED PARK OPERATING HOURS RELATING TO MANATEE SANCTUARY PARK; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council in recognition of seasonal changes desires to amend the times in which Manatee Sanctuary Park may be used by the public to more accurately reflect the intentions of the City; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED 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 reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 54 entitled Parks and Recreation of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and seeut type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 54 — PARKS AND RECREATION ARTICLE I. IN GENERAL City of Cape Canaveral Ordinance No. 1 of 3 Sec. 54-2. Park hours. Except for city approved scheduled park activities, all city parks, except for Manatee Sanctuary Park, shall be closed during the hours of 9:00 p.m. to 7:00 a.m. Unless approved otherwise by the City, the hours of operation for Manatee Sanctuary Park shall be from folly -five minutes after sunset until 7:00 a.m. the following morning, The use of any parks during closed hours by an individual or organization shall be expressly prohibited. Any person who knowingly violates any provision of this section shall, upon conviction, be punished according to law and shall be subject to a fine not exceeding the sum of $500.00 or imprisonment in the county jail for a period not exceeding 60 days, or both such fine and imprisonment.. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. 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. City of Cape Canaveral Ordinance No. 2of3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2004. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Rocky Randels Richard Treverton Steve Miller City of Cape Canaveral Ordinance No. Page 3 of 3 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Ordinance: Summary Explanation & Background: First Public Hearing Item 17 No. City M g s Offi AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: I ORDINANCE NO. 22-2004; AMENDING CHAPTER 62, SOLID WASTE. DEPT./DIVISION: ADMINISTRATION Requested Action: City Council considers at First Reading, Ordinance No. 22-2004 updating definitions related to Solid Waste Collection. Summary Explanation & Background: This Ordinance amends definitions to be consistent with the Solid Waste Agreement. I recommend approval at First Reading. Exhibits Attached: Ordinance No. 22-2004. City M g s Offi Department ��i ORDINANCE NO. 22-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE, ENTITLED SOLID WASTE, RELATING TO THE IMMEDIATE AND CONTINUING NEED FOR COLLECTION AND DISPOSAL OF BULK TRASH, REFUSE, VEGETATIVE WASTE, AND RECYCLABLE MATERIALS FROM THE CITY OF CAPE CANAVERAL; PROVIDING FOR CLARIFICATIONS TO THE CONDITIONS IMPOSED UPON RESIDENTIAL PROPERTIES FOR SOLID WASTE COLLECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to update the City Code relating to solid waste to be in compliance with current standards and protocols relating to the collection and disposal of solid waste; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 62 of the Code of Ordinances, City of Cape Canaveral, Florida, entitled Solid Waste, is hereby amended as follows (underlined type indicates additions and *w�R type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 62. It is intended that the text in Chapter 62 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 62. SOLID WASTE City of Cape Canaveral Ordinance No. 22-2004 Page 1 of 4 Sec. 62-1. Definitions Designated facility means a disposal processing, recovery, recycling or transfer facility designated by the city manager, or the city manager's designee. Individual container means a plastic or galvanized metal can, of a type which is commonly sold as a garbage can, which does not exceed 32 gallons capacityo50 pounds in weight when full, unless and until an automated cart program is implemented by the City. Each such can shall have two (2) handles upon the sides of the can or a bail by which it may be lifted by person and shall have a tight fitting top and shall also mean disposal plastic or paper bags (with or without sack holders and not less than 1 mm thick) of a type which is acceptable to be used for refuse storage and disposal . Recyclable material means newspapers (including inserts), aluminum cans, plastic containers HDPE and PET), brown, clear and green alass bottles and iars, and other solid waste materials added upon written Agreement between the City and the Collector, when such materials have been either diverted from the remainine solid waste stream or removed Drior to their entry into the remaining solid waste stream other -wise be pr-eeessed of: di Solid waste means bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof , fr-em a waste tr-eatfnent wefks, water- supply tfeatment plant, or- air- pellefien eeatfel f6eility, e , Special waste mater4a! means solid waste that requires special handling and management by the Collector, and which is not accepted at the designated facility or other disposal facility or which is accepted at the designated facility or other disposal facility at higher rates than are charged for refuse. includine. but not limited to, asbestos, whole tires which do not constitute household trash. used oil, lead -acid batteries, and biohazardous wastes wastes that are net ster-ed in approved eentainer-s and a City of Cape Canaveral Ordinance No. 22-2004 Page 2 of 4 Vegetative waste Yard tffish means a_y vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials,rag ss clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards �resulting ffem landseaping Sec. 62-9. Residential solid waste pickup conditions. (c) Vegetative waste Yard trash. Vegetative waste Y must be placed in a reusable container which shall not include any paper or plastic bag, unless such ba is s a specialized vegetative waste bag approved by the designated facility. YaFd tfash Vegetative waste shall not be commingled with any other solid waste or recyclable or recoverable material. Limbs shall not exceed four feet in length and shall not weigh in excess of 50 pounds. Limbs should be stacked in a uniform direction, and may be bundled by securing with rope, string, twine, cord or tape. Containers for yafd waste vegetative waste shall be provided by the owner, resident, or occupant of any residential unit. , ' , shall .led with yard tfas1, Sec. 62-12. Regulations/Agreements on file. (a) The recycling regulations in effect in the city are on file in the city clerk's office. The solid waste franchise agreement is set forth in appendix A to this Code. (ccb) The fees and charges for recycling services are set forth in appendix B to this Code. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision City of Cape Canaveral Ordinance No. 22-2004 Page 3 of 4 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 .2004. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Rocky Randels Richard Treverton Steve Miller City of Cape Canaveral Ordinance No. 22-2004 Page 4 of 4 Against Representative, customer billing and payment to Contractor shall be in accordance with the following procedure: A. Unless otherwise specifically provided in this Agreement or mutually agreed by the City and Contractor in writing, the City shall provide all Customer billing for collection and disposal services provided under this Agreement. Contractor shall, however, provide Customer billing when special rates and services apply and for roll -off services. B. The Contractor shall certify to the City on the third Friday of each month the number and size of all Customers and containers. The City shall reconcile Contractor's information with the City's records. The City and Contractor shall make appropriate adjustments to their respective billing and service data records to reflect those customers and services that should be billed based on the City's reconciliation. C. City shall submit to the Contractor a monthly statement for collection and disposal services rendered under this Agreement for the preceding month. The statement shall be in a format reasonably requested by the Contractor. The Contractor shall verify the customer services and amounts on the statement and shall make appropriate adjustments to City's statement invoice to reflect any errors contained therein. City shall not be responsible or liable if Contractor fails to properly verify the data on the statement. D. By the 25" of the following month of receipt of City's monthly statement, City shall pay Contractor the amount of the adjusted statement for the preceding month, less City's total monthly customer billing charge in accordance with paragraph 5.3 herein. The Franchise Fee charged in accordance with paragraph 5.5 herein shall be directly billed to the customer and collected by City. 5.5 Franchise Fee. At the City Council's sole and absolute discretion, the City reserves the unconditional right to charge Contractor, from time to time, a Franchise Fee equal to an amount permitted by law. The Franchise Fee shall not be construed as a tax, but shall be considered a payment to the City in exchange for the rights and privileges granted by this Franchise. The Franchise Fee shall be passed along to the customer and remitted by customer directly to City pursuant to paragraph 5.4(D). 5.6 Contractor's Petition for a Rate Adjustment. The Contractor may petition the City to adjust the rates in paragraph 5.1 herein based upon unusual and unanticipated increases in the cost of doing business, including but not limited to a change in any collection regulation or change in the CPI. Any such request shall be supported by Solid Waste Agreement City of Cape Canaveral / Waste Management, Inc. Page 19 of 43 Meeting Type: Regular Meeting Date: 10/19/04 AGENDA Heading Discussion Item 18 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: 2005 LEGISLATIVE PRIORITIES DEPT./DIVISION: LEGISLATIVE Requested Action: City Council has been requested by the Space Coast League of Cities to submit the City of Cape Canaveral's top three Legislative Priorities for 2005. Summary Explanation & Background: See attached Memo. Please advise. Exhibits Attached: SCLOC Memo 10/12/04. City Ma 's Office Department Cp'�, SPACE COAST LEAGUE OF CITIES b9'CE C'AIT CANAVERAL INDIALANTIC MLLHIR1RNfr-, PALM NAY SATE'LL111i lir'.ACH INDIAN HARbAM HNArii MELBOURNPRACh iA1.M SHORES TITUSVILLE OF rlti t:IKa)AR6ACH MALABAR MIi1.11t)URNEVILLA(ili k(?(:k1.Y.Dla? Whti7MR1.RQC1RNk "CITIES OF BRRVARD WORKING TOGETHER" 10/12/04 T0: All City/Town Clerks FROM: Vince Benevente Chairman, SCLC Legislative Commitee RE: ?005 Legislative Priorities Please send a list of your municipalities top three LegTslative Priorities for 2005 to me as soon as you can. The League will tabulate these lists and make a*presentation to the Brevard Delegation. i If you have any questions, please contact Nacy Glass at 636-9916. Thank you. Mail to:. Vince Benevente 216 Fifth Avenue Indialantic, FL 32903 FAX: (321) 98403867 emai 1 : . 1 eaton(a,/ndi al antic. com ! INICC (AXI.1 I A!4guk: 01 0110c n lirtMiuntilly-1 (Ame U ;z4 klcd j<: r'1. 311455 O FAX (321) 636 W)l ❑ 'IclihF� �K t3'? l t cilli �> ►Ili TO • d £6T£-9£9 L0V answa1 4seo0 aoedS dOS = VO VO-ZT-4:)O City Clerk & Human Resources Office Quarterly Report for October 2004 CITY CLERK'S OFFICE Information Management • Hurricane Preparation and Recovery information was made available at the Clerk's Office throughout the storm season. • Clerk's Office continues to provide New Resident Packets and the Employee Newsletter will be distributed some time in October. Legislative Activities Supplement 13 to the City Code completed for distribution this quarter. HUMAN RESOURCES Newly Budgeted Positions for 2004/2005 Fiscal Year: Environmental Specialist: Stormwater —Water Reclamation Laboratory Technician (Full Time) — Water Reclamation Administrative Assistant (Database Specialist) — Public Works Administrative Assistant — Administration Position Vacancies: Building Inspector/ Plans Examiner Maintenance Specialist Accounting Technician Employee Resignations: Tim Reaves, Building Inspector— Building Department Scott Barker, Maintenance Worker — Streets/ Maintenance Beatrix Stone, Accounting Technician — Finance Department Risk Management • Damage to member vehicle — Claim filed. o Rear bumper damage to Streets -Maintenance pick-up truck; all relevant testing was performed and a Supervisor's Investigation Report was submitted; crash report identified other driver at fault; check forwarded from Florida League Insurance minus the deductible for repairs. • Water Damage in City Hall due to Hurricane Frances — Claim Filed. o Air Conditioning hood blew off and subsequent water damage incurred. Damaged was assessed, status ongoing. Employee Assistance Program Seminar • Diane DiGeronimo, Licensed Counselor with the Bradman/Unipsych Network conducted three seminars for staff and supervisors this quarter. These seminars were free and utilized as part of the City's contract with our EAP Provider. Ms. DiGeronimo concentrated on identifying stressors and finding practical solutions to resolve work-related issues. PROFESSIONAL DEVELOPMENT ACTIVITIES • Ms. Stills continues to serve as Vice -President of the Space Coast Public Personnel/ Risk Management Association and will retain the position for 2004/2005. BUILDING DEPARTMENT Date: October 11, 2004 To: Bennett Boucher, City A From: Todd Morley, Building Re: Building Department `/ Quarterly Activity Report: July -September 2004 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of July - September 2004. Building Department - Overview: • Staff performed Damage Assessment after Hurricanes Frances and Jeanne. • Staff attended Wednesday-Friendsday sponsored by the Chamber of Commerce at the Radisson. • Building Official Todd Morley received an additional category of licensure — Commercial Building Inspector. This upgrades a previous provisional license. Projected and on-going projects: • AJT Building — (North end of Astronaut Blvd.) Awaiting submission of site plan. • Amoco site remodel - (At Atlantic and Astronaut) has received pre - application review but has not submitted for site plan review. • Angel's Isle Subdivision — One (1) single family residence under construction. • Bayside Condominiums and Townhomes — (At W. Central and Thurm Blvd.) 100 residential units. Construction is ongoing. • Bayport Condominiums and Townhomes - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units. Construction is ongoing. • Beach Side Townhomes - (Adams Avenue) Four (4) residential units. Two (2) under construction and two (2) awaiting re -plat. 10/11/04 Building Department Quarterly Report July -September, 2004 2 Proiected and on-p-oiny- proiects - Continued: • Canaveral Woods (formerly Ocean Woods West) — (At Ocean Woods and N. Atlantic) Nineteen (19) residential units. Construction is ongoing. • Central Canaveral Condominiums — Four (4) unit condominium. Site plan approved. • Country Inn & Suites - (Just North of Racetrac on Astronaut) 150 Hotel Units. Foundation -only, Land -clearing and Development permits issued. Construction plans under review. • Discovery Bay Single Family Subdivision - (Manatee Bay Drive) One (1) residential unit. Construction is underway. • Doug Wilson, SFR — (Holman Rd.) — One (1) residential unit. Construction plans submitted. Mr. Wilson has asked the building department to put this project on -hold. • Harbor Dr. — One (1) S.F.R. Construction is on going. • Holman Rd. - One (1) Single Family Residence. Construction is ongoing. • The Irish Shop —Pre -application meeting was held. • King Rentals — (At Central and N. Atlantic) Commercial addition construction is ongoing. • Lincoln Ave. — One (1) Single family residence. Construction is ongoing. • Madison Cay (a.k.a. Shores of Artesia, a.k.a. Sand In the Shoes) — (One block south of Surf and Ridgewood) Nineteen (19) residential units. City Council granted Vested Rights for this project. Permit has been issued and construction is on going. • Majestic Bay - (South of Wachovia Bank on Atlantic) Twenty-nine (29) residential units. One (1) five -story building and three (3) two-story condominiums under construction. • Marie Ann Villas — (Monroe at Poinsetta) Fourteen (14) residential units. Construction is on going. Final plat has been submitted for approval. • Oak Lane — One (1) Single Family Residence. Waiting for construction plans. • Oak Park — (N. Atlantic, just S. of Shorewood) Forty (40) residential units. Site plan approved. • Ocean Estates — (At beach -end of Monroe Avenue) Seven (7) residential units. Construction is ongoing. • Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's Nursery) Forty (40) residential units. Site plan approved. Waiting for construction plans. • Polk Ave. — One (1) Single Family Residence. Construction is on going. 10/11/04 Building Department Quarterly Report July -September, 2004 3 Proiected and on-going proiects - Continued: • Port Side Villas — (N. Atlantic Avenue, across from Villages of Seaport) 120 residential units. Construction is on-going. • Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 residential units in Phases I & H. 240 residential units in Phase III. Total # of residential units at project build -out = 404. Construction is ongoing. • River Gardens Condominiums — (On King Neptune) Thirty (30) residential units. Construction is ongoing. • Solana On The River — (River -end of Center St - Sevilla and Marbella Court.) Total of eighty (80) residential units at build -out. Construction is ongoing. • Tech Vest, Phase X — (Center Street) — Shell permit has been issued. Construction plans under review. • Villages of Seaport (Phase 7) — (E. end of Seaport Blvd.) Total of 160 residential units at build -out. Construction of the three of four Five -story buildings is underway. • Villas by the Port — (Across the street from, and just N. of, Harbor and N. Atlantic) Thirty (30) residential units. Site plan approved. Recently completed proiects: • Manatee Sanctuary Park Pavilion (City Project) • River Gardens — Bldg. "C" completed. Three (3) units. • River Gardens — Bldg. "D" completed. Three (3) units. • Solana on the River — Bldg. "1" completed. Twenty-four (24) units. • Solana on the River — Recreation Bldg. • Solana on the River — Commercial swimming pool. Permitting Statistics: (196) Permits were issued with a total construction valuation of $24,641,306. The department assessed $213,783.04 in permitting fees and $95,880.21 in sewer impact fees, for a total of $309,663.25. (79) Permits were finaled. (10) Certificates of Occupancy were issued. (642) Inspections were performed. 10/11/04 Building Department Quarterly Report July -September, 2004 4 Corrective notice: An error was found in the construction valuation tabulation published in each of the four preceding quarterly reports. Those reports should have read: July -Sept, 2003 $11,745,619.35 Oct. -Dec., 2003 $19,146,466.96 Jan. -Mar. 2004 $24,638,273.09 Apr. -June 2004 $28,273,489.85 All other statistics were reported correctly. We apologize for any inconvenience this may have caused. $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 $0 Construction Valuation Annually 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 Note: 2004 figure is an annual projection based on latest quarterly report. Code Enforcement Activities: 30-31; Fees Charged, Alarm Malfunction and False Alarm 34-96; Standards Established 34-97; Duties and Responsibilities 34-99; Landscape Appearance and Maintenance 34-153 Enumeration of Prohibited Noises 34-209 Spillover Lighting Standards Established 70-69; Occupational License Required 70-71; Engaging In Business Without Paying Tax 82-146; Adoption of Plumbing Code 94-6; Prohibited Signs and Features 94-64; Criteria /Stds. for Measurement/Placement 104/105; Florida Building Code -Permits & Inspections 110-469; Visibility at Intersections TOTAL 1 3.8% 3 12% 6 23.1% 1 3.8% 2 7.7 % 1 3.8% 1 3.8% 2 7.7% 1 3.8% 1 3.8% 1 3.8% 5 19.1% 1 3.8% 26 100% 10/11/04 Building Department Quarterly Report July -September, 2004 5 Code Enforcement Activities - Continued: Areas of violations by District: Section 14 Northeast Section 6 23% Section 15 Northwest Section 3 12% Section 22 Southwest Section 8 30% Section 23 Southeast Section 9 35% Total 26 1000/0 Number of cases presented to Board: 10 Number of current cases: 26 Total: 36 Additional cases brought into compliance in field: 89 Total number of cases for the quarter: 125 Community Appearance Board: The Community Appearance Board held four meetings and reviewed (13) requests. (12) were approved, (1) denied. Planning & Zoning Board: The Planning & Zoning Board held five meetings. The Board approved (3) site plans. The Board reviewed (2) proposed ordinances during this quarter. The Board recommended approval of (1) special exception to the Board of Adjustment. The Board recommended approval of (4) vacation of easement requests. There were no plats for the Board's consideration. Board of Adiustments: The Board of Adjustments did not hold any meetings during this quarter. Construction Board of Appeals: The Construction Board of Appeals did not hold any meeting during this quarter. TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: July, August, September 2004 DATE: October 12, 2004 STREETS AND BEAUTIFICATION 1. Traffic Engineering. Luke Transportation Consulting, Inc. was awarded the continuing consulting service, RFP 04-03 by City Council on September 21, 2004. 2. The City's south AlA sign: Staff has obtained cost estimates sidewalk, driveway and landscaping of the corner of AIA and Grant Ave. The City has received a FDOT Permit. This project is part of a City Agreement with Yogi's Foods. J&S Concrete completed the concrete sidewalk and driveways. Villa & Son completed landscaping and irrigation. Wood Signs completed the City Sign. 3. Butterfly Garden: A citizen had requested a Butterfly Garden within the City of Cape Canaveral. The Beautification Board members planted the Butterfly Garden at the Library. Plant identification signs were installed. The Garden is a great educational tool for the community. The Butterfly Garden received storm damage and was replaced by staff. 4. N Atlantic and Central Blvd Turn lane. Staff is working with the County in regards to the design and construction of the left turn lane on Atlantic to Central Blvd. Brevard County has contracted the engineering design task. Due to the Hurricanes, the project was delayed. DRMP was given the " Notice to Proceed" October 2004. 5. Storm Water Grant. The City has been awarded cost sharing 319 Grant form DEP in the amount of $439,000 for the installation of three baffle boxes: Holman Road, Center St and Central Blvd. Staff is reviewing the Agreement requirements. DEP has scheduled a site visit. 6. Adopt A Beach Crossover. The Beautification Board approved this project in August and the response from the citizens has been favorable. Mr. And Mrs. Hale, Mr. And Mrs. Mars, Artesia Condos, the Vicidomini Family, Ms. B. Merchant and Ms. M. Ballentine, the Schaffner Family and Mr. And Mrs. Laws have all applied for this sponsorship. 0 Page 1 Page 2 of 3 Quarterly Report — 2004 October 5, 2004 RECLAIMED WATER 1. Plant Production: July August September Quarter Wastewater treated: 28.65 MG 31.57 MG 32.70 MG 92.92 MG Reuse Cape Canaveral 18.54 MG 21.30 MG 9.71 MG 49.55 MG Reuse Cocoa Beach 0 MG 0 MG 0 MG 0 MG Port Canaveral .20 MG .05 MG .29 MG .54 MG Total Reuse: 18.74 MG 21.80 MG 10.00 MG 50.09 MG River Discharge: 10.4 MG 9.71 MG 22.70 MG 42.81 MG Rainfall: 4.73" 9.4" 7.28" 21.41" Reclaimed Customers: 635 649 649 649 2. Reuse Design. City Council approved the design of additional reuse lines on September 21, 2004. SSA was awarded the project for the 100 & 400 block of Johnson, 100 block of Jefferson, 100 block of Madison and the 400 block of Taylor. This project is budgeted for FY 04-05. 3. The Waste Water Treatment Facility Improvements. Received Bid No. 04-01 for the construction of the Wastewater Treatment Plant Improvements. The contract was awarded to Waterline Industries Inc. The project is underway and is scheduled for completion on November 30th 2004. The Construction of the additional reuse storage tank is completed. The Contractor is installing the necessary utilities such as electrical controls and piping. The construction had some delays as the result of the hurricanes. 4. Received \bid No. 04-02 for the Reuse Water Distribution Expansion Project. Contract was awarded to Wiring Technologies Inc. Contractor has mobilized and started the project, estimate completion is August. This project will extend the services along Adams, Monroe, Tyler and Lincoln. Bid Opening was April 22nd and the Bid Award was to Wiring Technologies in the Amount of $239,886 at the May 4th City Council meeting. The project was delayed as the result of three hurricanes. The Project should be completed by November. All the main lines are installed and the contractor is in the process of installing services. 5. SJRWMD Grant. The City of Cape Canaveral received a Matching Grant in the amount of $75,000 for the construction of the alternative water supply project to install reuse lines along Adams, Monroe, Tyler and Lincoln. 0 Page 2 Page 3 of 4 Quarterly Report — 2004 October 5, 2004 STORMWATER Completed yearly Stormwater inspection of 17 Wet Ponds and 36 Dry Retention Ponds. 2. Started Citywide inspection on all Stormwater Illicit discharge detection and Elimination, also condition of all Stormwater structures. 3. Continuation of preparing and finalize the ERU'S on all properties throughout the City. 4. Staff mandate ERU'S on all new residence and commercial properties. 5. Assisted the Finance Department in correcting stormwater billing through debits and credits. 6. Scheduled cleaning and removal of floatable items and inspection all Baffle Boxes after heavy rainstorms or an accumulation of 1" of rain within 24 hours. Cleaned grit chambers of all Baffle Boxes this Quarter. 7. Construction Site Inspections completed at commencement of land clearing and after every rain. Ongoing inspection of all new construction sites for state mandate regulations In regards to erosion and sediment control. 9. Correspondence with Stormwater Association by City Staff and attended monthly and bi- monthly meetings. 10. Initiated updates on stormwater maps and drawings throughout the City. 11. The City has received a 319 Grant to install baffle boxes at the following three locations: Center Street, Holman Road and Central Blvd. The pending matching grant is $263,402 (60%) of the project cost of $ 439,003. The City cost is $175,601 (40%). 12. The City has applied for a 319 Grant to make water quality improvements to north portion of the Canaveral Ditch. The City is waiting for results of the 2005 grant budget year. Funding has been programmed in the five years capital budget. 0 Page 3 Page 4 of 4 Quarterly Report — 2004 October 4, 2004 PUBLIC WORKS ADMINISTRATION 1. Animal Control. This office processed 11 citizen requests for animal traps for the months of July, August and September, 2004 and was notified that a total of 19 animals were trapped as follows: 4 cats 10 raccoons 5 possum 2. Education. Kay McKee attended a two-day Facilities Management Course in Orlando. Jerry Martin obtained his Class `B" Operators License in August. 0 Page 4 PARKS & RECREATION DEPARTMENT QUARTERLY REPORT JULY, T SEPTEMBER, 2004 �4111 AUGUST & R, The Youth Center supervisor, Mike Hammons, instituted a reward system for the youths who attended the center in June and July. Prizes that were donated by various businesses and were awarded based on a point system. Points were earned for participation in activities, attitude and attendance. Youth Center attendance: July 428 — Average per day 16.46 August 324 - Average per day/12.96 September 269 — Average per day/20.69 The summer recreation program, which the City funds at Cape View Elementary School, ended on July I e. Lifeguard protection on the City's beaches "officially" ended on the day after Labor Day. The hurricanes took a toll on both classes and court play. Most of our down time was in September as we lost 9 days with Frances and 5 days with Jeanne. Even when we were back "up and running" the tennis court lights all needed to be readjusted, so evening play was not possible. Only 3 tennis courts are usable now at night as we are awaiting realigning again. Our income was drastically reduced in September with lost court time due to the hurricanes and excessive rains, and, with many classes cancelled. The GOOD NEWS however, is that our court income (tennis, racquetball & shuffleboard) for last fiscal year was still up ($940) from the previous year. UPCOMING EVENTS: October 15th, I e & 174' — 29'' Anniversary Racquetball Tournament October 29th — Monster Mash Halloween Street Dance November 12', 13' & 10 - Brevard County Traveling Skate Park December 12th — Holiday Tree Lighting Program (with the Dickens Carolers, Cape View Elementary School Rocket Chorus and, of course, SANTA) Member Florida Sheriffs Association National Sheriffs Association North Precinct 700 Park Avenue Titusville, FL 32780 (321) 264-5353 Fax (321) 264-5359 East Precinct 2575 N. Courtenay Pkwy. Merritt Island, FL 32953 (321) 455-1485 Fax (321) 455-1488 Canaveral Precinct 111 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1113 Fax (321) 784-8340 West Precinct 2725 Judge Fran Jamieson Way, Bldg. E Viera, FL 32940 (321) 633-2123 Fax (321) 633-1965 South Precinct 50 S. Nieman Avenue Melbourne, FL 32901 (321) 952-4641 Fax (321) 952-4635 Brevard County Detention Center P.O. Box 800 860 Camp Road Sharpes, FL 32959 (321) 690-1500 Fax (321) 635-7800 �l"Viiilfll4Y�<� An Internationally Accredited Law Enforcement Agency Sheriff Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue e Titusville, Florida 32780-4095 e (321) 264-5201 e Fax (321) 264-5360 October 07, 2004 City of Cape Canaveral City Manager, Bennett C. Boucher 105 Polk Avenue, Post Office Box 326 Cape Canaveral, FL 23920 Reference: Quarterly Recap Report to Include: July, August & September 2004 Individual incident reports are available as they occur, to the City Manager upon request. W Z? A T7VT7V1-- The following Canaveral Precinct personnel assigned to the City of Cape Canaveral have attended and completed training as listed. N1ME CURS DATE FROM DATE TO AOUN, ROBERT LAW ENF. RESP. TO WMD & INCIDENT COMMAND 09/07/20 09/07/04 BAEZ, LUIS INVESTIGATIVE INTERVIEWS 08/23/04 08/27/04 BARTNIK, TERRY BREATH TEST RENEWAL 07/26/04 07/26/04 BARTNIK, TERRY PEDESTRIAN/BICYCLE CRASH INV 07/12/04 07/16/04 BIERI, MICHAEL CMS INSTRUCTOR TECHNIQUES 07/19/04 07/30/04 BIERI, MICHAEL LAW ENF. RESP. TO WMD & INCIDENT COMMAND 09/23/04 09/23/04 BOSHNACK, MITCHELL LAW ENF. RESP. TO WMD & INCIDENT COMMAND 09/07/04 09/07/04 CORE JR, JAMES CMS FIREARMS INSTRUCTOR TRANSITION 09/27/04 09/27/04 CORE, JAMES INVESTIGATIVE INTERVIEW 07/19/04 07/23/04 DEANS, BRENDA CMS FIREARMS INSTRUCTOR TRANSITION 09/27/04 09/27/04 FERNEZ, STEPHEN NARCOTICS IDENTIFICATION AND INVESTIGATION 08/09/04 08/13/04 GIBBONS, DAN CMS GENERAL TRANSITION 08/02/04 08/03/04 HEARON, JACQUELINE CMS INSTRUCTOR TECHNIQUES 07/26/04 08/06/04 HEARON, JACQUELINE LAW ENF. RESP. TO WMD & INCIDENT COMMAND 09/07/04 09/07/04 HOMER, MICHAEL LAW ENF. RESP. TO WMD & INCIDENT COMMAND 09/07/04 09/07/04 LANCASTER, BRIAN LAW ENF. RESP. TO WMD & INCIDENT COMMAND 09/07/04 09/04/04 LEWIS, DAVID RADAR OPERATOR 07/19/04 07/23/04 YOUNG, THOMAS LAW ENF. RESP. TO WMD & INCIDENT COMMAND 09/07/04 09/07/04 CRIME REPORT STATISTICS Attached please find crime statistics for the months of July, August and September 2004. Additional reports are as follows: ♦ Canaveral Community Policing Unit monthly recap ♦ Canaveral General Crimes Unit quarterly recap Should you have any questions regarding this information, please contact me. Sincerely, PHILIP B. WILLIAMS Sheriff of Brevard County Commander George McGee Canaveral Precinct GM.•sm Attachments 011 U.U.l. July August September Traffic Crash Reports Total Calls 1932 1693 1568 Case Reports 147 146 130 Closed 91 79 83 63 Pending 56 67 47 Arrests 54 35 63 Arrests (Warrant) 20 21 26 Felony 42 37 52 Misdemeanor 72 56 83 Juvenile 11 0 1 Adult 63 56 88 U.U.l. 10 6 3 Traffic Crash Reports 22 15 9 Traffic Citations (Criminal) 42 34 21 Traffic Citations (Non Criminal) 67 69 53 Parking Tickets 63 13 14 Warnings 48 39 31 Field Interrogation Cards 52 26 32 Capias Requests 3 14 8 "V7 �fr'� Jan Feb, Mar Apr May Jun Jul Aug Sep Oct Nov Dec YTD Domestic Violence 7 10 7 15 12 12 19 1221 115 Cases Referred to GCU 20 28 25 34 19 37 28 37 28 256 Cases Referred to MCU 2 2 2 9 2 7 7 4 2 37 DUI 16 9 7 10 5 3 10 6 3 69 Accidents 13 14 31 19 20 18 22 15 9 161 Alchohol Related Accidents 2 -2-0— 1 1 1 1 1 0 s Burglaries: Vehicle 2 6 4 4 3 7 7 7 4 44 Residential 2 4 2 7 9 14 12 17 8 75 Business 0 3 1 0 0 4 2 2 3 15 Other 1 0 0 1 0 0 0 1 1 4 Cases referred to SAO: 45 53 45 55 78 50 67 64 85 542 Felony Charges 24 14 15 17 24-17. 42 37 52 242 Misdemeanor Charges 21 60 46 45 74 73 72 56 83 530 Juvenile Cases 4 1 5 3 4 4 11 0 1 33 Capias Requests 9 8 9 8 11 9 3 14 8 79 Warrants: 29 23 18 22 29 33 20 21 26 221 18 16 14 12 10 8 6 4 2 0 Burglaries 100 80 60 40 20 0 25 20 15 10 5 0 July August September Arrests July August September Traffic Cases July August September ■VEHICLE ■ RESIDENTIAL ❑ BUSINESS ■ FELONY ■ MISDEMEANOR ■ DUI ARRESTS ■ CRASH REPORTS ❑ALCOHOL RELATED CRASH REPORTS i ".. � Qf, THF o,��G,�gPEYAq� F9� _�. * ` Brevard County Sheriffs Office Titusville, Florida MEMORANDUM DATE: October 01, 2004 TO: Commander McGee FROM: Lieutenant Thomas Young SUBJECT: Quarterly Report — City of Cape Canaveral The following information represents activity for the months of July, August and September 2004. Recovered Property July: $42,925.00 August: $982.00 September: $7200.00 July Cases 01-319183 - Recovery of stolen 2001 Hyundai valued a $7000.00. 03-334572, 03252559, 03232291- Arrested two w/f juveniles for multiple counts of Grand Theft, Burglary, and Grand Theft Auto. 1 Jul AugSe Cases Assigned 18 23 13 Closed by Arrest/Bodies 04 05 05 Closed Unfounded 00 02 00 Closed Exceptionally 07 01 02 Closed Pending 19 07 08 Closed Non Prosecution 00 00 00 Closed Non Arrest/AOA 00 00 01 Capias Request 03 05 00 Recovered Property July: $42,925.00 August: $982.00 September: $7200.00 July Cases 01-319183 - Recovery of stolen 2001 Hyundai valued a $7000.00. 03-334572, 03252559, 03232291- Arrested two w/f juveniles for multiple counts of Grand Theft, Burglary, and Grand Theft Auto. 1 04-31887 - Recovery of stolen 1998 Ford Pickup valued at $10,000 as well as surveying equipment valued at $25,000.00. Total recovery amount: $35,000.00. 04 -172047 -Arrested w/m suspect for Grand Theft Auto. The vehicle was stolen in May 2004, and recovered in June 2004. 04-186452A- Arrest for Grand Theft, and Uttering a Forged Bill. Security photographs aided in apprehension of suspect. 04-18645213- Fraudulent use of a credit card, obtaining money from fraudulent use of a credit card, and Grand Theft, that occurred at 300 block Lincoln Ave. Two (2) known suspects apprehended through photographs. Capias requests filed on both suspects. 04 -197138 -Known suspects stole a surfboard from 7500 block Magnolia Ave., and then pawned the surfboard at Beach Pawn. The surfboard was recovered; capias requests forwarded for both suspects. $400.00. 04-204145- Burglary / Grand Theft from 200 block Columbia. All property was recovered and the case was closed due to lack of victim's cooperation. The daughter of the victim may have been involved in the burglary. $525.00. August Cases 03-104261 - Capias request for Burglary to a Structure/Grand Theft/Dealing in Stolen Property and Fraudulent Pledge. Property recovered and released to victim with a value of $582.00. 03-120140 - Capias request for Uttering Forged Instrument and Grand Theft. 03-156649 - Capias request for Criminal Use of Personal Identification Information, Grand Theft and Petit Theft. 03-159671 - Arrest for Uttering Forged Instrument / Grand Theft after suspect purchased furniture from a local store with a reported stolen check, which he forged and used to purchase the furniture. Property recovered $400.00. 03-193791 - Capias request for Uttering Forged Instrument and Grand Theft. 04 -176927 -Capias was requested for a w/m suspect from a burglary , which occurred on 06-09-04. The suspect is currently incarcerated for other burglaries in the Brevard County area. Most of the victim's property was returned to her a week after the burglary occurred. 04 -222651 -Juvenile white female was walking home late during the night when an unknown black male knocked and punched her to the ground taking money from her IN pockets. The juvenile suffered minor injuries and was not able to provide suspect description. 04-245362 - Arrested a w/f reference Fugitive from Justice Warrant on a Grand Theft Auto, in Georgia. 04-244149 Arrest for Grand Theft Auto after a van was driven to Merritt Island and abandoned near Sykes Creek while arrestee attempted to avoid law enforcement. 04-249238 - Arrested a b/m subject reference VOP warrant. 04-257411 Arrested a w/m adult on a warrant for V.O.P. reference Domestic Battery. The male, recently released from jail, was located and arrested. September Cases 04-143781 - Missing/ wanted juvenile from the Cape Canaveral area was located and arrested in Georgia. 04-238382 - Arrested a w/m for Grand Theft Auto; vehicle was stolen from Gainesville, Georgia. Vehicle valued at $7000.00. Two known b/f suspects are cashing counterfeit checks in the Cape Canaveral area, and in other areas of Brevard County. Several Brevard County agents have probable cause for the arrest of both suspects. 02-139123 - Arrested a w/m for 2 -counts of Forgery, Uttering Forged Instruments and Grand Theft after stealing payroll checks and cashing them at Publix, Cocoa Beach. Checks amounted to $700.00. 04-287205 & 04-287206: Warrant arrests. 04-288195 — Burglary in Progress, Residential, 200 block Lincoln Avenue. Agents observed burglary in progress. Arrested w/m subject. Victim's property valued at $200.00, was recovered. GCU Agents were utilized to augment patrol and recovery efforts during all three Hurricanes. Consequently, September cases appear to be fewer than prior months. 3 pf TME S p��\G gpEVAR *,- Brevard County Sheriffs Office °ouNt� Titusville, Florida MEMORANDUM DATE: September 30, 2004 TO: Commander George McGee, via Chain of Command FROM: CPU Corporal Brenda Deans, Corporal Robert Aoun and and Deputy Pete Germosen. SUBJECT: Quarterly Report — CPU Activity for the months of July, August and September 2004. COMMUNITY ACTIVITIES: • Canaveral CPU deputies assisted Deputy Don Eggert in Camp Chance for the week of 12-16 July 2004. ■ Canaveral CPU deputies, along with Agent Jackie Hearon initiated "Camp Canaveral" for the youth of Canaveral during the week of 5-9 July 2004. The activities included, ice skating, skate boarding, horseback riding, trash clean up at Cherie Down Park, shark fishing trip and a day at Traxx Family Center in Canaveral. ■ CPU deputies assisted in the Southern Police Institute Conference that was held during the week of 19-23 July 2004. ■ Kiwanis meetings are held every Wednesday, and are attended by Canaveral CPU deputies. ■ Corporal Deans has ordered all required materials for the GREAT program and will be starting this in November 2004. ■ CPU deputies have assisted road patrol during peak hours. ■ CPU deputies held a National Night Out festivity at Canaveral Precinct on 3 August 2004. The deputies hosted a BBQ, face painting, issued gun safety kits and bicycle helmets. NEW PROGRAMS: ■ Corporal Deans initiated and implemented Domestic Violence training for Canaveral deputies. This was also in conjunction with the State Attorney's Office. ■ CPU deputies checked various areas within city limits and located numerous established homeless camps. CPU deputies coordinated with Code Enforcement/Property Owners and obtained Trespass Affidavits for each sight. During the initial sweep 5 person(s) were arrested for trespass. This project will continue; sweeps will be conducted monthly until we eliminate the homeless camps in Canaveral. It might be noted the last sweep found no camps in the City of Canaveral. ■ CPU deputies have implemented a tracking system for Domestic Violence offenders, which has resulted in several warrant arrests. We will continue to track the offenders that commit domestic violence offenses in Canaveral. ■ Corporal Aoun initiated "Canaveral Watch" which is a brochure containing current legal updates, upcoming events and general information relating to law enforcement in Cape Canaveral. It is anticipated that the newsletter will be submitted on a quarterly basis, depending on time constraints. • Corporal Aoun was appointed Director of Law Enforcement Liaison for the American Society of Industrial Security. CRIME PREVENTION: ■ CPU members have attended scheduled meetings of the Property Managers of Cape Canaveral. ■ CPU assisted in the Canaveral Library Open House on 23 September 2004, by fingerprinting children. ■ Probation sweeps are conducted on a bi-monthly basis, whereby residents on felony probation and terms of probation are verified. This has been a very successful project and will continue ■ Juvenile probation sweeps are conducted on a bi-monthly basis, whereby the Juvenile Probation Officer and CPU deputies check curfews of juveniles that are currently on probation. The last sweep resulted in 4 violations, 3 TICO warrants and one juvenile turned himself in to authorities. 0 Assisted with sex offender sweeps for curfew checks and notifications. ■ CPU deputies have been conducting surveillance of local suspected drug houses. This information has been forwarded to the Drug Unit for further investigation. ■ Bi -monthly bike patrol details have been initiated to target problem areas. ■ CPU deputies have been assigned the Specialty Vehicles and frequently utilize the ATV, bicycles, and alternate fuel vehicle on a weekly basis in order to curtail the unauthorized drinking violations occurring at the beach ends and parks. ■ Approximately 7 City complaints addressed/resolved. ■ CPU deputies are currently working with Code Enforcement in order to ensure vehicles that are not properly registered or abandoned are marked for possible removal in order to present a cleaner city. ■ Currently working/patrolling the beach access areas of Canaveral to deter drinking, fireworks, dogs, and homeless problems. ■ The speed radar trailer has been instrumental in reducing speed throughout the City, to include Ridgewood, N. Atlantic, N. Astronaut and Central Avenue. CPU is largely responsible for the placement and deployment of the trailer. ■ CPU has implemented an aggressive driving program for the City of Cape Canaveral. During the first 2 nights of operation, 46 citations were issued. ■ Corporal Aoun secured a grant from the National Rifle Association for gun safety classes at Cape View Elementary. TRAINING: ■ Community Policing deputies attended monthly Squad Training as required of all BCSO sworn officers. ■ Corporal Deans conducted Domestic Violence training for Canaveral deputies. ■ Corporal Deans instructed several deputies in the proper usage and operation of the Speed Trailer. These deputies are currently tasked with placing the trailer in strategic locations throughout the city with consideration to citizen's requests. ■ Corporal Aoun was accepted and is now an EVOC instructor at the BCC law enforcement academy. W WASTE MANAGEMENT, INC. Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Ave, Cape Canaveral, Florida 32920 Oct 11, 2004 Re: Third Quarter 2004 Report Dear Mr. Boucher: Waste Management provided a total of 26 garbage collections, 12 green waste and 12 recycle collections to the single-family residents. This equates to approximately 128.366 collections. In addition, service was provided to approximately 4,801 multi -family units, 45 commercial can customers, 90 commercial customers and 9 permanent rolloff accounts. A total of 44 documented concerns were received by the City during this time period and the breakdown is as follows: 20 garbage complaints, 3 recycle complaints, 18 green waste and 3 general /dumpster complaints. Note: updated residential count 2422. If you have any questions or need further information, please feel free to contact me. 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