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Home My WebLink AboutAgenda Packet 09-16-1997CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CONSIDERATIONS: City of Cape Canaveral UNCIL REGULAR MEETING CITY HALL ANNEX ,venue, Cape Canaveral, Florida TUESDAY September 16, 1997 7:00 P.M. AGENDA L Motion to Approve: August 5, 1997, Regular City Council Meeting Minutes September 2, 1997 Regular City Council Meeting Minutes September 9, 1997 Special City Council Meeting Minutes 2. Motion to Approve: CCVFD Contract for Fire and Emergency Medical Services. 3. Motion to Approve: Equipment Lease Agreement with the Cape Canaveral Volunteer Fire Department (CCVFD) 4. Motion to Approve: Reclaimed Water Installation Policy (Commercial & Multi -Family) RESOLUTIONS: 5. Motion to Approve: Resolution No. 97-29, Board of Adjustment Re - Appointments 6. Motion to Approve: Resolution No. 97-30, Library Board: Re -Appointment 7. Motion to Approve: Resolution No. 97-31, Code Enforcement Board Re -Appointments 8. Motion to Approve: Resolution No. 97-32, Recreation Board Re -Appointments 9. Motion to Approve: Resolution No. 97-33, Community Appearance Board, Appointment from Alternate to Regular Member d:\cityclerk\cityclk\agenda\regular\ l 99 T09-16-97, doc 105 POLK AVENUE • POST OFFICE BOX 326 • CAPE CANAVERAL, FL 32920-0326 TELEPHONE (407) 868-1200 • FAX (407) 799-3170 City Council Regular Meeting Agenda September 16, 1997 Page 2 DISCUSSION: 10. Contract Extension for Garbage Collection and Recycling Services. 11. 1997/98 Law Enforcement Contract. 12. Reclaimed Water Service Agreement with the Canaveral Port Authority. 13. SSA Fee Proposal for pavement Testing and Design of Commerce Street REPORTS: 14. City Manager's Report AUDIENCE TO BE HEARD: Comments will 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. REPORTS CONT HUED: ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. 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. D:\cityclerk\CityClk\AGENDA\REGULAR\1997\09-16-97.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 5, 1997 7:00 P.M. NHNUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Council Members Abse!g Burt Bruns Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Clerk, Sandra Sims Public Works Director, Ed Gardulski Recreation Director, Nancy Hanson INTERVIEWS: Tony Hernandez City Attorney, Kohn Bennett, interviewed Beautification Board Alternate Member Candidate, Nancy "Kacee" Corbin. Ms. Corbin stated that she has been a Cape Canaveral resident for two years and has no relatives serving as a board member or as an employee. She stated that through her observations of the Board and other volunteer activities, she would like to be an active participant. Council commended her for sharing her background and applying it with interest to the City. City Attorney, Kohn Bennett, interviewed Library Board Alternate Member Candidate, Richard S. Treverton. Mr. Bennett stated that there is no conflict for Mr. Treverton to serve on the Community Appearance Board and the Library Board. Mr. Treverton related his education, interests and involvement with the library CONSIDERATIONS: 1. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the July 15, 1997 Regular City Council Meeting Minutes. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 110) d:\citycletk\cityclk\muiutes\regular\199708-05-97.doc City Council Regular Meeting Agenda August 5, 1997 Page 2 2. City Manager, Bennett Boucher, related that Public Works Director, Ed Gardulski, has provided a memorandum outlining reuse connection costs. Reclaimed Water Connection Policy. (Tape 1, 131) A motion was made by Mayor Porter and seconded by Mr. Randels to approve providing in-- ground niground irrigation systems and in -ground hose bid connections, including the backflow preventers, less a $50 application fee by the system user. The motion failed 0-4 with voting as follows: Mr. Bruns, Against; Mr. Petsos, Against; Mayor Porter, Against; and Mayor Pro Term Randels, Against. Council concurred that the item should be further discussed at the next Regular Meeting with an outline of the areas anticipated to be included in each phase, the costs for installation (connection and backflow preventer) in each category (single-family, multi -family and commercial), including a cost cap. Quarterly Budget Report and Transfers (Tape 1, 1616) City Treasurer, Andrea Bowers, explained the Budget Report and reported that revenues are coming in as projected. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Third Quarter Budget Report and Transfers. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 4. Marketing Video Script (Tape 1, 1827) Chris Lorenzo, Communications Concepts, Inc. representative, stated that the script is a first draft. The presentation is intended to receive feedback for editing to exhibit the message Council intends. Mr. Bruns suggested that references to time share should be omitted. Mayor Porter suggested that the flavor of the City's Mission Statement should be addressed. Mr. Lorenzo stated that the Port needs to be mentioned in the video to demonstrate proximity and opportunities. Council concurred. Council consensus was in favor of the video. RESOLUTION: Mayor Porter read Resolution No. 97-20 by title (Tape 1, 2622) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA SUPPORTING EFFORTS TO PERSUADE PRESIDENT CLINTON TO DESIGNATE THE ST. JOHNS RIVER AS AN AMERICAN HERITAGE RIVER; PROVIDING FOR AN EFFECTIVE DATE. D:\cityclerk\CityClk\MINLITES\REGULAR\1997\08-05-97.doc City Council Regular Meeting Agenda August 5, 1997 Page 3 A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No. 97-20. Ms. Lillian Banks, a Merritt Island resident, spoke in opposition of supporting the American Heritage designation for the St. Johns River. She opined that it would create more bureaucracy and regulations for property owners along the river. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCES - First Reading 6. Mayor Porter read Ordinance 08-97 by title. (Tape 1, 3439 & 2) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, ESTABLISHING CODE SECTION 110.482 ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS"; PROVIDING DEFINITIONS; PROVIDING FOR PERMITTED LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED USES, ACCESSORY USES, AND SPECIAL EXCEPTIONS; AND PROVIDING FOR PERMITS AND LEASE AGREEMENTS; AND AMENDING SECTION 110-354, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Randels to approve Ordinance No. 08-97. Mr. Bruns queried if multiple -users could be mandated. City Attorney, Kohn Bennett, responded that they cannot be mandated; only encouraged. Mr. Frank Krepenbacher, attorney for Time Warner Cable and John Walsh, Chief Engineer explained that Time Warner does co -locate on their tower and do not charge high fees. There was no other public comment. The motion passed 4-0 to approve Ordinance No. 08-97 for second reading. Voting was as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 7. Mayor Porter read Ordinance 09-97, by title. (Tape 2,622) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110-1, DEFINITIONS, AND SECTION 110-478, EARTH STATION ANTENNAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIOS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Bruns and seconded by Mr. Petsos to approve Ordinance No. 09-97 for second reading. There was no public comment. The motion passed 4-0 with voting as follows: Mr. Bruns, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. D:\cityclerk\CityClk\MINLTTES\REGLTLAR\1997\08-05-97.doc City Council Regular Meeting Agenda August 5, 1997 Page 4 REPORTS: City Manager - Bennett Boucher (Tape 2,775) • Mr. Boucher reported that Mr. Applegate received his demolition permit for the Washington'. Avenue house today. Mr. Boucher reported that Planning & Zoning did not grant a stay to stop construction of the Long Point Neighborhood Park as petitioned by a group. He explained that they would have to petition the Board of Adjustment next. Audience • Jerry Edwards, resident, expressed concern that a homeless person has been at the Monroe Avenue crossover consistently for the past two months. • Mr. Edwards also expressed concern that there is no area in the City conducive for dogs to be walked and play. He related that most cities provide a space for dogs to exercise. • Leo Nicholas, resident, expressed concern that dumpsters are still not being put back in enclosures by USA Waste after being dumped. Mr. Nicholas stated that this issue must be rectified and addressed when reviewing the contract with USA Waste. • Mr. Nicholas reported that there are several street lights out and suggested that the Citizens on Patrol make a list to submit to the City Manager. City Clerk - Sandra Sims No Report. City Attorney - Kohn Bennett No Report. Mayor Pro Tem - Rocky Randels (Tape 2,1638) Mr. Randels reported that Keep Brevard Beautiful has provided 4,968 hours of correctional labor this year for Brevard communities. • Mr. Randels reported that an article in Governing Magazine states that a 300' statue of Columbus is available to a community. • Mr. Randels related that the University of Florida has reported that the City of Cape Canaveral ranks 150 in size in the state. D:\cityclerk\CityClk\MfNLJTES\REGULAR\1997\08-05-97.doc City Council Regular Meeting Agenda August 5, 1997 Page 5 Council Member - Buzz Petsos • Mr. Petsos reminded Council that the next Space Coast League of Cities Meeting will be held' in Cocoa Beach. • Mr. Petsos related that tonight is National Night Out and suggested that the City plan a festivity next year to participate. Council Member - Burt Bruns • Mr. Bruns commended staff for their work and follow through on the Washington Avenue abandoned house. Mayor - John Porter No report. ADJOURNMENT: The meeting adjourned at 9:40 p.m. John K. Porter, MAYOR Sandra Rozar Sims, CITY CLERK D:lcityclerk\CityClk\MINUTESIREGULAR11997108-05-97.doc CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY September 2, 1997 7:00 P.M. MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Attorney, Kohn Bennett City Clerk, Sandra Sims City Treasurer, Andrea Bowers Public Works Director, Edward Gardulski Fire Chief, David Sargeant Canaveral Precinct Commander, Major George McGee PRESENTATIONS: City Manager, Bennett Boucher, and Mayor Porter commended Kim McIntire and Greg Mullins as Special Employees of the Quarter. CONSIDERATIONS: 1. A motion was made by Mr. Hernandez and seconded by Mr. Bruns to approve the August 15, 1997, Special City Council Meeting Minutes. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 156) d:\cityclerk\cityclk\minutes\regtde 1997\09-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 2 2. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Professional Planning Services Agreement with Ivey, Hams & Walls, Inc. on an "as needed" basis. The hourly rate is $55, plus reimbursable expenses. The motion passed 5-0, with voting as follows: Mr. Brans, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 173) 3. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Addendum to the Sewage Franchise Agreement with the Canaveral Port Authority, accepting maintenance and operations of the new Glen Cheek Drive sewage lines and lift station until April 22, 2000 when the existing agreement expires. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 331) 4. A motion was made by Mr. Randels and seconded by Mayor Porter to approve the Interlocal Agreement with the Canaveral Port Authority to construct a pedway on the east side of SR AIA. Following discussion, an amending motion was made by Mayor Porter and seconded by Mr. Petsos to read, "The City agrees to pay the entire sum to the Port prior to the Port giving notice to the contractor to proceed with the project." The amending motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. The main motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 363) 5. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve the Auction of Surplus Items scheduled for late October. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 930) 6. A motion was made by Mayor Porter and seconded by Mr. Hernandez to approve all phases of the Residential Reclaimed Water Installation Policy as follows: The City is responsible for contracting a certified plumber and for making arrangements and payment for the installation and testing of the backflow device. The City pays for all costs of installation, including the backflow device for Residential Only. Mr. Bruns abstained from voting, declaring a potential conflict of interest because his residence is designated in the area planned for first phase installation, which could inure him private gain. Form 8B Memorandum of Voting Conflict is attached and made part of the Minutes. Mr. Petsos, with Council concurrence, stated that the cost analysis/policy must reflect a cap for costs the city will incur for installing reuse devices for each type of installation. D:\cityclerk\CityClkMINUTES\REGULAR\1997\09-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 3 The motion passed 4-0, with voting as follows: Mr. Bruns, Abstained; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. (Tape 1, 973) RESOLUTIONS: 7. Mayor Porter read Resolution No. 97-22 by title. (Tape 1, 1703) A RESOLUTION APPOINTING AS REPRESENTATIVE TO THE BREVARD WATER SUPPLY BOARD TO REPRESENT THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA DURING THE DEVELOPMENT OF A LONG RANGE WATER SUPPLY PLAN FOR BREVARD COUNTY BY THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No. 97-22 inserting the name Burt Bruns. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. Mayor Porter read Resolution No. 97-23 by title. (Tape 1, 1783) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING ONE (1) REGULAR MEMBER AND ONE (1) FIRST ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Bruns to approve Resolution No. 97-23, inserting the names Rosann Gallagher as Regular Member and Leo Nicholas as First Alternate Member to the Library Board. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 9. Mayor Porter read Resolution No. 97-24 by title. (Tape 1, 1817) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EF FECTIVE DATE. A motion was made by Mr. Petsos and seconded Mr. Hernandez to approve Resolution No. 97-24, inserting the name Richard Treverton as an Alternate Member to the Library Board. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 10. Mayor Porter read Resolution No. 97-25 by title. (Tape 1, 1848) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AN ALTERNATE MEMBER TO THE BEAUTIFICATION BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. D:\cityclerk\CityClk\MINUTES\REGULAR\1997\09-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 4 A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Resolution No. 97-25, inserting the name Nancy "Kacee" Corbin as an Alternate Member to the Beautification Board. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 11. Mayor Porter read Resolution No. 97-26 by title. (Tape 1, 1882) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING REGULAR MEMBERS AND AN ALTERNATE MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No. 97-26, inserting the names Beatrice McNeely, Donald Bergen and Joe Elliott as Regular Members and Leo Nicholas as First Alternate to the Planning and Zoning Board. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. ORDINANCES: PUBLIC HEARING - SECOND READING 12. Mayor Porter read Ordinance 08-97 by title. (Tape 1, 2150) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ESTABLISHING CODE SECTION 110.482 ENTITLED "WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS"; PROVIDING DEFINITIONS; PROVIDING FOR PERMITTED LOCATIONS; PROVIDING CONDITIONS FOR PERMITTED USES, ACCESSORY USES, AND SPECIAL EXCEPTIONS; AND PROVIDING FOR PERMITS AND LEASE AGREEMENTS; AND AMENDING SECTION 110-354, SPECIAL EXCEPTIONS PERMISSIBLE BY THE BOARD OF ADJUSTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Petsos to adopt Ordinance 08- 97 upon second reading. City Manager, Bennett Boucher, reiterated that the ordinance is needed to comply with new FCC regulations to allow towers in the city. He explained that setback and separation distances provide for limiting the number of towers without prohibiting them. The maximum height limit is 230 feet. Mr. Hernandez referenced Ms. Jackie Coates' letter regarding abandoned towers. Mr. Boucher stated that abandoned towers are defined and addressed in the ordinance. D:lcityclerklCityClkIMINLJTES\REGULAR11997109-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 5 The ordinance was adopted 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 13. Mayor Porter read Ordinance 09-97 by title. (Tape 1, 2576) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, BY AMENDING SECTION 110-1, DEFINITIONS, AND SECTION 110-478, EARTH STATION ANTENNAS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES AND RESOLUTIONS; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Hernandez and seconded by Mr. Petsos to adopt Ordinance 09-97. City Manager, Bennett Boucher, explained that this ordinance also updates the City Code to comply with FCC regulations. The ordinance was adopted 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PUBLIC HEARING - FIRST READING 14. Mayor Porter read Ordinance No. 11-97 by title. (Tape 1, 2636) AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, VACATING AND ABANDONING A PORTION OF THE PROPOSED RIGHT OF WAY EXTENSION OF PORT ROAD; RESERVING AN EASEMENT FOR PUBLIC UTILITIES; REPEALING PRIOR INCONSISTENT ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve Ordinance No. 11-97 for second reading. The ordinance was approved for second reading 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, DISCUSSION: 15. Contract Extension for Garbage Collection and Recycling Services. (Tape 1, 2832) City Manager, Bennett Boucher, related the allowances USA proposes if the contract is extended: • Single-family and multi -family rates will be reduced by $1 • Roll -off rates will revert to 1989 rates • All rates will be frozen until October 1999, thereafter; increases will be at the CPI rate minus 15 percent. Council concurred that the level of service must be addressed clearly, including a consistent schedule for garbage pick-up during holidays. D:\cityclerk\CityClk\MINUTES\REGULAR\1997\09-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 6 Mr. Tim Fadul, USA Waste representative, related that revenue should increase 30% - 40%. Mr. Fadul expressed concern about dumpster enclosures. Mayor Porter suggested that dumpster enclosures may need to be included in future City goals. Consensus was for Mayor Pro Tem Randels, City Manager Boucher and Mr. Fadul to meet prior to the next meeting when the contract issue can be discussed further. 16. CCVFD Contract for Fire and Emergency Medical Services. (Tape 1, 2832) City Manager Boucher and Fire Chief, David Sargeant explained that this was the final year of a multi-year contract and the essential elements of the new contract. The new contract is a 10 -year agreement. Consensus was to place the contract on the next regular agenda. 17. 1997/98 Law Enforcement Contract. (Tape 2,793) City Manager, Bennett Boucher, explained that the Sheriffs contract is requested to revert from an annual contract to four years, with an option for two additional years. He reported that the costs for each year within the contract are subject to increase and will be discussed as customary during budget meetings. He related that there is a termination clause and there is a provision for the recovery of investigative fees. Precinct Commander, George McGee, responded to questions regarding rank structure and operations. He also explained how seized items are allocated, depending on where the case is initiated and the other agencies involved or called in. He related that there will always be three officers on duty, plus the officer stationed at the Port, unless there is an extreme emergency. There was extensive discussion regarding law enforcement vehicles and the rationale for using the Indianapolis Plan when virtually no officer lives within the City and the mileage incurred during the four-year projected life span of a car likely exceeds 75,000 miles. Council concurred that the Sheriffs Department be requested to reduce the $114,000 budgeted for indirect costs because of the direct benefits to the County by city -provided vehicles. Major McGee stated that this year's budget is sufficient for this year. However, calls have gone up and there has been no increase in staff. He opined that management staff is sorely needed and the issue must be addressed. Mayor Porter stated that the City must address the staffing issue by applying for grants and community -policing programs must be instituted. Major McGee related that the department welcomes comments regarding community concerns, but reject operational interference. D:\citycleik\CityCtkWINUTES\REGULAR\1997\09-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 7 Leo Nicholas, resident, stated that Council should not be apologetic for setting policy on how to police the City. He suggested that the contract outline the specific areas that are allocated solely to the precinct. Mr. Nicholas stated that he understands the advantage of a four-year contract to the Sheriffs Department, but does not recognize an advantage to the City. He expressed concern as well that City of Cape Canaveral residents pay taxes directly to the Sheriffs Department that should cover dispatch costs and vehicle maintenance. Michelle Lehr, resident, opined that costs for personal use of vehicles should be deducted from Sheriffs Department employees' pay. Consensus was to continue discussion regarding the Sheriffs contract on the next regular agenda. 18. Reclaimed Water Service Agreement with the Canaveral Port Authority. (Tape 2, 2945 & 3) City Manager, Bennett Boucher explained that the Port is now requesting 150,000 gallons of reuse water allocation to expand usage to within the Port. Mr. Randels showed a map depicting the interchange and proposed reuse lines. He reported that the Port expects to pay for reuse water beyond the 100,000 gallons allocated for the interchange. Mark Reining, Hartman & Associates were present on behalf of the Port. He related that the agreement before Council is intended to start discussion. He related that changing demands are due to the variable landscaping alternatives being presented to the Port. General consensus was that 100,000 gallons shall be allocated at no charge to the Port as previously agreed and allocations above that may be given at a charge, equal to the amount Cocoa Beach is willing to relinquish. However, it was decided to continue the discussion at the next Regular Council Meeting. Council agreed to continue beyond 10:00 p.m. and deferred to items 21, 22 and 23. 19. SSA Fee Proposal for pavement Testing and Design of Commerce Street, in the amount of $17,000 (Tape 3,918) City Engineer, John Pekar, reported that Commerce Street likely has no base and may require rebuilding the entire system. He explained that corings need to be made which will cost approximately $300, then the design can proceed and construction. He related that approximately $3,000 can be saved by City workers contributing. He related that there are numerous issues to be considered, such as drainage, catch basins, water lines, reuse lines, sidewalks, curbs, traffic plan, Florida Department of Transportation issues, and land owners. D:\cityclerk\CityCik\MINLJTES\REGULAR\1997\09-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 8 Council concurred that Stottler, Starmer & Associates should perform the soil borings and report back to Council with the results at the next Regular Council Meeting. Timber Pedestrian Bridge Mr. Pekar reported that the kick off meeting with the contractor on August 25, 1997 went well. He also reported that that he met with Florida Department of Transportation representatives and there were eight (8) minor comments that can be resolved within one day. He stated that construction is projected to begin within two more weeks. REPORTS: 20. City Manager - Bennett Boucher No Report. FINAL PLAT APPROVALS 21. Adams Townhomes Final Plat. (Tape 2,3535) A motion was made by Mr. Randels and seconded by Mr. Bruns to approve the Adams Townhomes Final Plat. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 22. Cape Escape Final Plat. (Tape 3) A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve the Cape Escape Final Plat. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. PERMIT EXTENSION REQUEST 23. Request for Extension -Demolition Permit #97-00363, for 615 Washington Avenue (Tape 3,14) A motion was made by Mr. Petsos and seconded by Mr. Bruns to approve a 30 -day extension to Demolition Permit #97-00363. The motion passed 5-0, with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For, Mayor Porter, For; and Mayor Pro Tem Randels, For. AUDIENCE TO BE HEARD: Ms. Michelle Lehr, 210 Long Point Road, appeared before Council querying about the anticipated action since the Board of Adjustment approved the construction stay. City Attorney, Kohn Bennett, D:lcityclerk\CityClk1MINLTrES\REGULAR11997\09-02-97.doc City Council Regular Meeting Agenda September 2, 1997 Page 9 explained that City representatives are disallowed from discussing the Long Point Road Park issue, which is in litigation. (Tape 3, 1836) REPORTS CONTINUED: Mayor Pro Tem - Rocky Randels • Mr. Randels reminded Council of the City Manager's Performance Evaluation that is due September 19, 1997 and requested that the City Manager distribute the required forms. Council Member - Buzz Petsos • Mr. Petsos expressed concern with the City requirement to appoint Council Members when a member is required to "Resign to Run." City Attorney, Kohn Bennett, explained that it is a Charter requirement requiring a referendum to change. Council Member - Tony Hernandez • No Report Council Member - Burt Bruns • No Report Mayor - John Porter • No Report ADJOURNMENT: There being no further business, the meeting adjourned at 10:40 p.m. John K. Porter, MAYOR Sandra Rozar Sims, CITY CLERK D:lcityclerklCityClk\MINUTESIREGULAR11997109-02-97.doc CITY COUNCIL SPECIAL MEETING City Hall Annex 111 Polk Avenue Cape Canaveral, Florida MONDAY September 09, 1997 5:30 P.M. MINUTES ROLL CALL: Council Members Present Burt Bruns Tony Hernandez Buzz Petsos Mayor John Porter Mayor Pro Tem Rocky Randels Others Present City Manager, Bennett Boucher City Clerk, Sandra Sims City Treasurer, Andrea Bowers Recreation Director, Nancy Hanson Building Official, Whitey Moran Public Hearing Mayor Porter read Resolution No. 97-27 by title. A RESOLUTION ADOPTING A TENTATIVE MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR 1997 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Nicholas and seconded by Mr. Petsos to approve Resolution No. 27-97. Mayor Porter then read the Resolution in full. Cape Canaveral City Council Special Meeting Tentative Budget, First Hearing Minutes September 9, 1997 Page 2 Section 1. The total millage for all City operating purposes is 1.6139 mills on the dollar of taxable value for the 1997/1998 fiscal year for the City of Cape Canaveral, Florida. This millage is a 8.63 percent increase from the rolled beck rate of 1.4857. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of .4504mill for the Beautification Dependent Special District, as approved in the 1986 referendum election. This tentative ad valorem tax shall be levied upon the 1997 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, 1997 and ending September 30, 1998. Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of .0385 mill for the Library Dependgnt Special District, as approved in the 1985 referendum election. This tentative ad valorem tax shall be levied upon the 1997 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, 1997 and ending September 30, 1998. Section 4. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of .5000 mill for Fire/Rescue Service d:\cityclerk\citycl k\minutes\special\1997\tentative budget 09-09-97.doc Cape Canaveral City Council Special Meeting Tentative Budget, First Hearing Minutes September 9, 1997 Page 3 General Operating Millage, as approved in the 1990 and 1994 referendum elections. This tentative ad valorem tax shall be levied upon the 1997 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, 1997 and ending September 30, 1998. Section 5. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a tentative millage rate of .6250 mill for Police Protection General Operating Millage, as approved in the 1990 and 1994 referendum elections. This tentative ad valorem tax shall be levied upon the 1997 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, 1997 and ending September 30, 1998. Section 6. This Resolution shall become effective immediately upon its adoption. There was no public comment. Resolution No. 97-27 passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. d:\cityclerk\cityclk\minutes\special\1997\tentative budget 09-09-97.doc Cape Canaveral City Council Special Meeting Tentative Budget, First Hearing Minutes September 9, 1997 Page 4 2. Mayor Porter read Resolution No. 97-28 by title. (Tape 1, 152) A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING THE TENTATIVE 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, 1997, AND ENDING SEPTEMBER 30, 1998; PROVIDING FOR AN EFFECTIVE DATE. A motion was made by Mr. Randels and seconded by Mr. Petsos to approve Resolution No. 97-28: Tentative Budget for Fiscal Year 1997/1998. Mayor Porter then read Resolution No. 97-28 in full. SECTION 1. The Tentative Annual General Fund, Sewer Enterprise Fund, Special Revenue Funds, Debt Service Fund, Expendable Trust Funds, and Capital Improvement 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, 1997, and ending September 30, 1998, are hereby approved and adopted. SECTION 2. This Resolution shall take effect immediately upon its adoption. There was no public comment. Resolution No. 97-28 passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. 3. Conceptual Approval Agreement with the Florida Communities Trust (T1 232) A motion was made by Mr. Randels and seconded by Mr. Hernandez to approve the Conceptual Approval Agreement with the Florida Communities Trust to facilitate the d:\cityclerk\cityclk\minutes\special\1997\tentative budget 09-09-97.doc Cape Canaveral City Council Special Meeting Tentative Budget, First Hearing Minutes September 9, 1997 Page 5 grant purchase of land for the Banana River Park. The motion passed 5-0 with voting as follows: Mr. Bruns, For; Mr. Hernandez, For; Mr. Petsos, For; Mayor Porter, For; and Mayor Pro Tem Randels, For. ADJOURNMENT: The meeting adjourned at 5:45 p.m. John K. Porter, MAYOR Sandra Rozar Sims, CITY CLERK d:\cityclerk\citycI k\minutes\special\1997\tentative budget 09-09-97.doc Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Considerations Item 2 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CCVFD CONTRACT FOR FIRE AND EMERGENCY MEDICAL SERVICES DEPTJDIVISION: LEGISLATIVE Requested Action: City Council approve the Fire and Emergency Medical Services Contract with the Cape Canaveral Volunteer Fire Department, in the amount of $313,250 Summary Explanation & Background: This is a 10 -year agreement. The contract language was updated for emergency medical services. There is a new dispute resolution section in paragraph 19 and a hold harmless clause in paragraph 18. I recommend approval. Exhibits Attached: CCVFD contract City Ma!pAW's Office ,. Department d:\cityman\admin\council\meeting\1997\09-16-97\ccvfd contract.doc CONTRACT FOR SERVICES THIS AGREEMENT entered into this day of September, 19 , by and between the CITY OF CAPE CANAVERAL, Florida, (hereinafter called the "City"), and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit Florida corporation, (hereinafter called "Corporation"). WITNESSETH: WHEREAS, the City of Cape Canaveral holds a responsibility to its citizens to provide adequate fire protection and emergency medical services; and WHEREAS, the electors of the City of Cape Canaveral by majority vote have directed the Mayor and City Council to utilize the Cape Canaveral Volunteer Fire Department, Inc. to provide fire protection services; NOW, THEREFORE, in consideration of the agreement hereinafter set forth and in further consideration of the payments hereinafter set forth, the parties hereto agree as follows: 1. The Corporation agrees to provide emergency fire protection and emergency medical services within the City of Cape Canaveral, Florida. 2. The Corporation agrees to comply with any mutual aid pact or similar agreement entered into by the City providing for emergency fire protection services outside of the municipal boundaries of the City. The Fire Chief shall be authorized to enter into these agreements on behalf of the City. 3. The Corporation agrees to respond to any other emergency situation when ordered to do so by the City Manager of Cape Canaveral, or his duly appointed designee. 4. The Corporation agrees to require its members to attend fire drills and training sessions in order to achieve and maintain the degree of proficiency required by the State of Florida for volunteer firefighters. The Corporation also agrees to undergo additional training as may be required by the City at reasonable times and upon reasonable notice; special training shall be administrated by a State Certified Fire Service Instructor. This expense will be in addition to the amount determined in Paragraph 12 of this Contract, providing the City approves the special training request in advance.. 5. The Corporation agrees to establish Rules and Regulations for personnel and equipment. These Rules and Regulations are to be in conformance with the intent of providing safe, competent, courteous, and reliable fire protection service to the City. A copy of these rules and regulations are available for review by the City during normal working hours. 6. The Corporation agrees to maintain attendance and training records and to allow the inspection Page 1 of 5 or copying of such records by the City upon two working days notice to the Corporation. 7. The Corporation agrees to attempt to maintain at all times a minimum active membership of twenty (20) trained firefighters. Trained firefighter shall mean possession of State Certification as Volunteer Firefighters, or greater. In the event the Corporation employs full-time personnel, such personnel shall comply with the requirements of the Florida Fire College Bureau of Training and Standards for firefighters. The Corporation shall immediately notify the City Manager, in writing, should said membership fall below twenty (20). 8. The Corporation shall provide the City with the level of service and all support services incident thereto as follows: (a) At all times there shall be two (2) trained firefighters on duty to respond to calls from the fire station. (b) The Corporation agrees to provide Advanced Life Support Services. The Corporation shall have one a minimum of (1) Paramedic, and one (1) Emergency Medical Technician on duty at all times. These personnel can also be the personnel required in paragraph 8(a). (c) As a standard of performance, the Corporation shall respond to all emergency calls within the City's corporate limits within three (3) minutes after a call has been dispatched. (d) The Corporation shall provide to the City Manager a written quarterly activity report. In addition, the Corporation shall provide to the City Manager such other information as the City Council, from time to time, may request, as specified in the Contract. (e) The Corporation shall provide the services of a Fire Safety Inspector. The Fire Safety Inspector shall perform those services on behalf of the City as are set forth in Section 633.052 (1) (a) of the Florida State Statutes, and the City Code of Ordinances. 9. The City shall provide fire fighting equipment to the Corporation which shall be used within the corporate limits of Cape Canaveral, or in mutual aid, or in such other geographical area as determined by the senior officer on duty. The Corporation shall have the authority over the day to day use of said equipment in carrying out its duties under this Agreement. Routine maintenance of said equipment shall be the responsibility of the Corporation. Major repairs, defined herein as any repair exceeding five hundred dollars ($500.00) per occurrence, shall be the responsibility of the City. 10. All personnel used by the Corporation in the performance of this Agreement shall be members or employees of the Cape Canaveral Volunteer Fire Department, Inc. 11. The Corporation agrees to obtain Public Liability, Casualty and Property Damage Insurance, insuring the Corporation and the City against any and all claims, demands, and causes of action for Page 2 of 5 bodily injury or property damage relating to the performance of any duty or obligation herein set forth, including acts or omissions of the Corporation's Paramedic and Emergency Medical Technician personnel. The limits of said policies shall be in the amount of $1,000,000.00. The Corporation also agrees to provide Worker's Compensation coverage for the volunteer firefighters so long as they are acting within the scope of their duties; and fire, storm, and property damage insurance on the Fire Station owned by the Corporation. The City shall pay the Corporation, in addition to the other sums payable under this contract, one-half (1/z) of the cost to the Corporation of the above described insurance. The Corporation will provide the City with copies of the certificates of insurance indicating that the City is an additional insured thereunder. 12. The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $313,250. The compensation provided for herein shall be paid monthly in the sum of $26,104.16 per month commencing on the first day of October, 1997, and continuing on the first day of each month thereafter. The base contract price for each successive year of this Contract shall be renegotiated by the parties annually. The City further agrees that in the event of a catastrophic event, additional funding shall be provided by the City for vehicles, equipment, and supplies, less any disaster relief funding provided by another agency. 13. The City agrees to make an annual payment of one half (1/z) of the total cost to the Corporation for the Volunteer Length of Service Award Program. 14. The terms of this Agreement shall be for a period of ten (10) years, commencing on the first day of October 1997, and ending on the thirtieth day of September, 2007. 15. This Agreement may be terminated, or any terms thereof modified, altered, or amended at any time by mutual agreement of the parties hereto. 16. In the event the active membership of the Corporation falls below twenty (20) trained firefighters, the payment to the Corporation shall be reduced by $100.00 per month per firefighter less than twenty (20). 17. In the event active membership falls below fifteen (15) members, either party shall have the right to terminate this agreement upon thirty (30) days written notice to the other party. 18. In the event either party defaults in the performance of any obligations under this Contract, and said default continues for a period of thirty (30) days after written notice of such default, this Contract may be canceled at the option of the other party. No delay in enforcing any right hereunder shall be deemed a waiver of any rights the non -defaulting party may have in these premises. 19. The City and the Corporation each indemnify and will hold the other whole and harmless from Page 3 of 5 any and all manner of action and actions, cause and causes of action, suits, trespasses, judgements, executions, claims and demands, losses and damages, and costs and expenses of any kind whatsoever, including reasonable attorney's fees and court costs which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers, or agents of the other, whether occurring before or after the City and Corporation assumed the obligations of this agreement. 20. During the duration of this agreement, all disputes or disagreements between the parties relative to either party's performance under the terms of this agreement, will be presented specifically , in writing, by the party claiming the dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant. Within fifteen (15) days thereafter, the parties will be at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by the Court pursuant to Florida State Statute 682. 21. Notice or other writing required or permitted under this Agreement shall be given to the Corporation, attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the City, attention City Manager at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920. 22. In the event that the voters of the City, by referendum election, choose to dispense with the services of the Cape Canaveral Volunteer Fire Department, Inc., other provisions of this Contract not withstanding, this Contract and all its provisions shall become immediately null and void, and there shall be no further liability or expense incurred by the Cape Canaveral Volunteer Fire Department, Inc. for providing fire protection services and emergency medical services. Should this occur, the City agrees to give preference to the hiring of the paid employees of the Corporation with the new provider of services, with the exception of the Fire Chief. Page 4 of 5 IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, FLORIDA, by its duly authorized officers, has executed this instrument this day of September 19_ CITY OF CAPE CANAVERAL, FLORIDA A municipal corporation By: ATTEST: Sandra Sims, City Clerk (CORPORATE SEAL) John K. Porter, Mayor IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation, by its authorized officers, has executed this instrument this day of September 19_ ATTEST: Troy C. Fell, Secretary (CORPORATE SEAL) CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation. David J. Sargeant, President Page 5 of 5 Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Considerations Item 3 No. CCVFD Equipment Lease Agreement AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EQUIPMENT LEASE AGREEMENT WITH THE CCVFD DEPTJDIVISION: FIRE/PUBLIC SAFETY Requested Action: City Council approve the Equipment Lease Agreement with the Cape Canaveral Volunteer Fire Department Summary Explanation & Background: This agreement is needed so the CCVFD can purchase insurance for the equipment listed in Exhibit "A" I recommend approval. Exhibits Attached: CCVFD Equipment Lease Agreement City Manager's Office , Department d:\cityman\admin\council\meeting\1997\09-16-97\ccvfd equipment lease agreement.doc OPERATING EQUIPMENT LEASE AGREEMENT The CITY OF CAPE CANAVERAL (CITY) as Lessor, and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC. (CCVFD) as Lessee, enter into this Operating Equipment Lease Agreement this day of 1997, and agree as follows: 1. The CITY leases the fire equipment and fire vehicles listed on attached Exhibit "A" to the CCVFD for the use of the CCVFD in performing its obligations under the fire service contract between the parties dated the day of 1997. 2. The parties hereto acknowledge that title to the fire equipment and fire vehicles is and shall remain in the CITY at all times during the term of the lease. 3. The CCVFD will pay the CITY the sum of $1.00 for the term of the lease of said equipment. 4. The CCVFD agrees to keep the leased equipment in good repair and condition and further agrees to use said equipment only for the purposes set forth in the above referenced fire service contract. 5. The CCVFD agrees to maintain property damage, theft, and liability insurance on said equipment during the term of this lease in policy amounts acceptable to the CITY. 6. The term of this lease shall be from day of 1997 until the day of , 1997, unless sooner terminated by the mutual agreement of the parties. In the event the fire service contract between the parties is terminated prior to the day of , 1997, this lease shall terminate simultaneously. IN WITNESS WHEREOF, we have set our names and seals on the date above written, LESSOR: ATTEST: Sandra Sims, CITY CLERK STATE OF FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL, FLORIDA, a municipal corporation John Porter, Mayor The foregoing instrument was acknowledged before me this day of , 1997 by John Porter, on behalf of the CITY OF CAPE CANAVERAL, who is personally known to me and who did not take an oath. NOTARY PUBLIC My Commission expires: (SEAL) LESSEE: CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., a non-profit corporation 011A ATTEST: Troy C. Fell, Secretary STATE OF FLORIDA COUNTY OF BREVARD David J. Sargeant, President The foregoing instrument was acknowledged before me this day of , 1997 by David J. Sargeant, on behalf of the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., who is personally known to me and who did not take an oath. NOTARY PUBLIC My commission expires: (SEAL) "EXHIBIT "A" - CITY 1. 1991 PIERCE/SOUTHERN COACH 1000 GPM PUMPER VIN: IHTSDNZR5NH401311 2. 1986 SUTPHEN 100+ AERIAL TOWER, 1500 GPM QUINT VIN: 1S9A3KBE 1003422 3. 1996 INTERNATIONAL/HACKNEY SUPPORT VEHICLE VIN: 1HTSDADNOVH409832 4. 1996 OLDS CIERA SL VIN: 1 G3AJ55M5T6384076 5. 1994 JEEP CHEROKEE VIN: 1J4FT68S9RL231009 6. 1989 FORD CROWN VICTORIA VIN: 2FABP7261KX 172572 7. 1988 GMC SAFARI VIN: 1 GTDM 1526JB537657 Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Considerations Item 4 No. City Manager's Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RECLAIMED WATER INSTALLATION POLICY (Commercial and Multi -Family) DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider the Multi -family and Commercial Reuse Policy options submitted by Public Works Director Summary Explanation & Background: The options presented are to help formulate a connection policy for multi -family and commercial reuse connections Exhibits Attached: PWD Memo 9/10/97 City Manager's Office Department d:\cityman\admin\council\meeting\1997\09-16-97\reclaimed water installation policy for m -f s commercial.doc ,VTENTORANDUM Septouber 10, 1997 Bennett C. Boucher C"iiy Malla`,cr FROAA-. Fd Grardiilyl•::.i Public Works Agtor 121.: Rcelaimcd Water Policy, M71lti Fa�lZily/Clcrilarriercial City Co-luicil Ageilch Iters► On Septcuilkr 2, 1997, City C:oinell al}l}roe; d tllc. I-K71ic.Yy that, the City s}fall pity l lt)°° 6 of the cast for' the tri .#salla#.iciri of services to residential s 1119 le faintly homes. C owicil neczls to make the deteriniiiation of who sliall and what portion of the irlstallalion cost far rcclalined waicr scm'cc: to IM11li.i-1`arallly and'Or Cormrle inial Rallis. BACKG(ROt TND Tiles irl.stt tlat.iori cost for Multi -f alilily ials1- "1 yww'i r ,ses the cost fw.rund is 'less than the cast for a service Installation ti) a single home_ Case in pint.: The average cost. fora single family unit is tab-ou# $950? 'I'lre total cost for a it'lulti- Family unit may be higher, but the average cost.Per f uni.ly is less. For example, tl-w total cost es imaic d for Colic Shores is $9,000 fiir 20 imlis. The estittlxaicd csoslt for each unit is '0450. and the cast for each hoarse hold ilii. estimated is &15. NOTE: The Cost- for coin rr c)n area requiietnent are that iuClu;led i.e. }yxil area. The tii:atAlailou of reclaimed water for a comrrtorcial sotvic. mquirc, a RP backflow pmevention. The cast of this devise is about twice the cost of a. residential 17at"I'_flow de=rise?.. tc>st Cclrttiae:rCial busirlcsses are reeluirecl to have a R4'�, backflow protection device manelated by the City of Cocoa and adopted by floc City 14 cv::v' i.` i.�a...�,rVii':�ti, 1.lz= 1C'=, (ri€: lota,l )i3:4ar"Rai-im vosl toy a e;t imii<3rCla.l •SC+i Vi[;,t9 i L ,s than ?a residential. Case in pe)lntt. Mountasla 1,'un_ Center have , ii] at Aged and i e total e; tmiateil coast 161- a reclaiiricxl %voter servico is V64. C i tllc, otlicr h:axlel tllc; itlstallatim cost of reclr3i,n ,:d water tax a c;oino-jercial complex ,slit:ti as Acrosplice'. Business Park is es imate i at. $111, 1 1,1 ("704 per imii). 'trtais coiq-4ex is require that each unlit to ba-ve. za RFZ uista11ed witli the iustzallatioil of recla'wedwaterservice. hi t.iie event that o is trait doer not Have a RPZ, tLe re,clairm"d water scrviec c.?ari NOT be hirxaeo on. (,"a5c in l>'.-)irit, The Ac rc pacc Busimss Park has three busirlcss unit and oaa?vone unit fists installed dicir feyuicc:rl bacl✓:Ilov� lr*ot.�;tiori devised. I terrc,c, #he' rec;l�liilaecf cuatea• e;Iul rlcat Fie turracd on_ In sununary, die average per wilt ilistallation eost [br reelalllied water loi Mulil- Family and Commercial services are less tlikui the or unit cost for a single family residelitial Service. 11 le following are. i l.itions C01itIcil may colls](lei- to ,adopt a policy for tile installation of Back -Row devievs as reeluired in 1-wov (ling Roclaimud Water to Multi - Family and/or Commercial custoin is: t'tl!' City is respnrastl>le tt?r Cnn�ra�;tl)dt�., �a l?lilri]lY;r, rii<ilc lll� Gln"111�('Lllt'ilt .iD(i papriclit for tile; irisball:ation of backflow deviecs.. Tlie Ciiy pays fur die carat f-br tiac� irastallo-at.ioli ole a bac:kilow device; that are directly r lato d to the, Installation of tliY rc .lsaini;d water yc:rvice. This doczs NOT Include= stmehares that are recluim-d to have a luck -Row protection device detennintA by the City and/air the City's Potable water pi-ovider (i.e., City of Cocoa) atid/or by Ordltlallecs, Resolution, Regulation, Standard Plutabing Codes, State aiicih r M -Acral Laws. ('I1ais }x->licy nr<ay be with or without a Cali) 4. '.1'lle City is I- spol)sible fur 75% vfthe iostalla-bon exist fur ilvInIti--Family Uliits. t.,i: i.�1 Uit clx. FRUIS for l S.iS tC:$ 2� Clits:i. i.e. l�e':';f}liitil�3) �rt:- fi� Tn i L.�. i- e01.rCIl t t i.. t rtr 1. Fil `. r£ cid .it7i-it.. .}.? - -hall )'epre:it ni, t'i: Coli.3am aalut W11,01 :=11= require bu le 11A VI! IOULfs.'1I a ._ .i1[ r n - ! L. `G r4 51 it 1itSibititV of tit€" ov im—(,; . 1V atiy' (A t.t t:;;e u l i Ina �i.lreadv fi;i,v 1xwk 'fi(vty protC.L ion which wcie required by the City of' C" K-0a'S Po! -cies. This sar,iY y ixvt y' or may not ltf i,!4cA for co mere'I see JI(cz;. ?. The City set a Fixed dollar arnount not io exceed as a Cap for ear;b area. Such as tlie! City will pay for 9.10 _first '05,0 00. FcFr cxz3.ilalile, t.Fie estunated ce> a for C,�3F>e ,�lltlrcu 13.iilui(1F;s <uati t_7tlic r CaTYiaruuli areas is $ l O,O00. A Cal, of :55,000 would irpr! selit. atxait 50`!0 oft lie total co t.. S ,500 wolll ? f. Otlie r W.,, -as: A. The' CAA' septa hxcA applic-anon foe sucli aw $100,1,500 $1,000._.._ B. Ilse City out a fix.: whedulexi barged on backflow device .Sirx. C. Establish .n. utionthty fix- sa l) x1F Ele. I f 1 i L-_. ' RECt,AIMFD WATER St_RVICE AREA PHASE 1 --- --- -- tTOTALS C ---i -- -- Street -i Unit Type-_ _ -Bus. Condo. Res.-'----t--- i }-- ---�-. I -t- --� --- AIA --- —Oceans Carpet --- -- fi ------ -4 - IT- -- ICito_-t---- ------------- - - - -- f HsF'Py Octopus---- Fairvilla --�- - (�- I --- i ----- - Office Complex- Fusl__- --- �Luteran Chruch-- jJohnson Gondol ---- +----� J-- ------- ---- +- - -- -- Canaveral Ind -- - -- 1Aerospace Rus. Pk.__- -- -- -- ---- --- !Cape Florist - - !- - t - -- ---� - --- -- -- -' - - -- �Sunseed--;--- _ - - {AAeca II Rest -- ----�--- - I&untasia ---- -- ,- - --- -+ - -- - Tea - -t_- 11 rt --- -- -}--- - _ ------ i - ------ i --- - L- -- - i---- - Knot House --- --- r - -- _-- ,Thrift Food Bank--_-- CCeneral Controls - - Mi. Pindzkik i- -- ICaw Shores 1--r----i --- ,- ----I --- Cape Garden I - T-- - - 5i --- -- -- - - - ,Costa Del Sol- 'tiidien Harbor �---- - i ------t-- -- - - tDiscovery Bay -- _- - --- ---- HarnSnn ]Homes �Wa�hingt )n Homes --- --T -- -- +--- ----,: - --- _- Town f tome -- i - -161 -. - - Caf.e Vew School T-- - - I'oins4ta j Hones -- i i -----1-- -- ---- - -- -, - -- ---------r 4i ----- ---- -- - -------- !City Hall -&A-nnex-- 2i -- j i-- Recreation Center Library ---'— - - i lA4ote1 _ qI i--- - --- i 144th Atlantic i Capeside Center f 1 11 store - Maggio Nur ey-- -�i- _ Sti 1w Hat Club C- { - - -- tm- � veral t3reakers ' *-- - �Circle K_ --= IOceanGarden -- -20---i`----i -- _- IFusl Baptish Church-- - -- - j 1st United Bank---- t --- E - i--- - -- --- 1TOTALS 1--- -- -1- - -- ------ ---- - - . _ �-fiA,) 741; 921 ,- i-- - ----- ;Gran)��---- Page 1 Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Resolutions Item j No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: BOARD OF ADJUSTMENT RE -APPOINTMENTS DEPT./DIVISION: LEGISLATIVE Requested Action: The following members are due for re -appointment: Ronnie Farmer - Regular Member Marilyn Rigerman - 1" Alternate Member Both request to be re -appointed Summary Explanation & Background: Exhibits Attached: Resolution No. 97-29 City Mana W -9 -Office Department City Clerk d:\cityman\admin\council\meeting\1997\09-16-97\board of adjustment re-appointments.doc RESOLUTION NO. 97-29 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT 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 Ordinance No. 2-83 (Zoning Code Section 645.13) provided for the creation of a Board of Adjustment 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 members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. is hereby reappointed as a regular member of the Board of Adjustment of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2000. SECTION 2. is hereby reappointed as first alternate member of the Board of Adjustment of the City of Cape Canaveral, Florida, with terms to expire on October 1, 2000. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 16th day of September, 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY John K. Porter, MAYOR BURT BRUNS TONY HERNANDEZ BUZZ PETSOS JOHN PORTER ROCKY RANDELS FOR AGAINST D:\cityc lerk\CityCl k\ Resolutions\ BOARDS\ Reappointments\ Board of Adjustment.doc Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Resolutions Item 6 No. City Managers Office AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: LIBRARY BOARD RE -APPOINTMENTS NTS DEPT./DIVISION: LEGISLATIVE Requested Action: The following member is due for re -appointment and requests to be re -appointed: Geraldine Vavrek Summary Explanation & Background: Exhibits Attached: Resolution No. 97-30 City Managers Office Department City Clerk d:\cityman\admin\council\meeting\1997\09-16-97\library board re-appointment.doc RESOLUTION NO. 97- 30 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE LIBRARY 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 City Code Chapter 253 created a Board known as the Library Board; 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. is hereby reappointed as a regular member of the Library Board of the City of Cape Canaveral, Florida, with a term to expire on October 1, 1999. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Florida this 16th day of September, 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS JOHN PORTER ROCKY RANDELS G:\CityClk\Resolutions\BOARDS\REAPPT\Library.doc Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Resolutions Item 7 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CODE ENFORCEMENT BOARD RE -APPOINTMENTS DEPT./DIVISION: LEGISLATIVE Requested Action: The following members are due for re -appointment: Walter Godfrey, Jr. Mary Russell Karen Hartley All request re -appointment. Summary Explanation & Background: Exhibits Attached: Resolution No. 97-31 City Manger's Office Department City Clerk d:\cityman\admin\council\meeting\1997\09-16-97\code enforment board re-appointments.doc RESOLUTION NO. 97-31 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE CODE ENFORCEMENT 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 Ordinance No. 22-83 created a Board known as the Code Enforcement Board; 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. and LMH hereby reappointed to the Code Enforcement Board in the City of Cape Canaveral with terms to expire on October 1, 2000. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of September, 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY BURT BRUNS TONY HERNANDEZ BUZZ PETSOS JOHN PORTER ROCKY RANDELS John K. Porter, MAYOR FOR AGAINST D:\cityclerk\CityClk\Resolutions\BOARDS\Reappointments\Code 6nforcement.doc Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Resolutions Item g No. All request to be re -appointed AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RECREATION BOARD RE -APPOINTMENTS DEPTJDIVISION: LEGISLATIVE Requested Action: The following members are due for re -appointment and would like to serve again: John Dattilo Marianne Kulac Richard R. Thurm, Jr. Steve Roney is eligible to advance from 2"d alternate to 1" alternate All request to be re -appointed Summary Explanation & Background: Exhibits Attached: Resolution No. 97-32 City Managers ffice - ; Department ' City Clerk d:\cityman\admin\council\meeting\1997\09-16-97\recreation board re-appointments.doc RESOLUTION NO 97-32 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE RECREATION 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 Ordinance No. 24-64 created a Board known as the Recreation 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 appoint members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. and are hereby reappointed as members of the Recreation Board of the City of Cape Canaveral, Florida, with terms to expire on October 1, 1999. SECTION 2. is hereby reappointed as first alternate member of the Recreation Board of the City of Cape Canaveral with a term to expire on October 1, 1999. SECTION 3. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 16th day of Member, 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY G:1CityClklResolutions\BOARDS\RFAPpNtecreation.doc John K. Porter, MAYOR FOR AGAINST BURT BRUNS TONY HERNANDEZ BUZZ PETSOS JOHN PORTER ROCKY RANDELS Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Resolutions Item 9 No. Delores Stribling AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: COMMUNITY APPEARANCE BOARD RE -APPOINTMENT DEPT./DIVISION: LEGISLATIVE Requested Action: The following alternate member is eligible to advance to regular membership due to Vicki Lynn Shea's resignation (moved) and would like to serve: Delores Stribling Summary Explanation & Background: Exhibits Attached: Resolution No. 97-3 3 City Managers Office Department .- - City Clerk d:\cityman\admin\council\meeting\1997\09-16-97\community appearance board re- appointments. doc RESOLUTION NO. 97-33 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; A REAPPOINTING A REGULAR MEMBER TO THE COMMUNITY APPEARANCE 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 Ordinance No. 16-95 created a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. is hereby reappointed as a regular member of the Community Appearance Board of the City of Cape Canaveral, Florida, with a term to expire on May 1, 1998. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 160' day of September, 1997. ATTEST: Sandra O. Sims, CITY CLERK APPROVED AS TO FORM: Kohn Bennett, CITY ATTORNEY John K. Porter, MAYOR Burt Bruns Tony Hernandez Buzz Petsos John Porter Rocky Randels O:\CityClk\Resolutions\BOARDS\Reappointments\Community Appearance.DOC FOR AGAINST Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Discussion Item 10 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONTRACT EXTENSION FOR GARBAGE AND RECYCLING SERVICES DEPT./DIVISION: SOLID WASTE Requested Action: That the City Council review and discuss the draft contract extension agreement Summary Explanation & Background: The current contract expires on 09-30-99. This extension is for five years with (3) one-year options to extend. The rates in Paragraph (3) A & B were rolled back $1 and the rates will remain frozen until 09-30-99. Thereafter, there will be a CPI increase each year, discounted by 15%. Exhibits Attached: Draft Agreement City Mis er's' Otlice, ., Department .- - d:\cityman\admin\council\meeting\1997\09-16-97\garbage s recycling contract extension.doc CITY OF CAPE CANAVERAL AGREEMENTFOR GARBAGE COLLECTION AND RECYCLING SERVICES THIS AGREEMENT is made and entered into as of the day of , 1997, by and between the CITY OF CAPE CANAVERAL, a duly organized municipal corporation (the "City"), and WESTERN WASTE INDUSTRIES, INC. d/b/a USA WASTE SERVICES (the "Collector"). Background The Collector has been performing garbage collection and recycling services for the City pursuant to the Garbage and Rubbish Collection Agreement dated September 19, 1989 as amended by Addendum No. 1 dated August 18, 1992. The Collector has agreed with the City to reduced rates for certain residential services and the City has agreed to extend the term of the existing agreement. NOW, THEREFORE, for good and valuable consideration, the parties agree as follows; 1. Exclusive Contract. The City grants to the Collector the exclusive right and obligation to provide solid waste and recycling collection services within City boundaries. 2. Term. The term of this Agreement begins on the date set forth above and extends until September 30, 2004. In addition, the City grants to the Collector three options to extend the term of this Agreement for a period of one year each. These one-year options may be exercised by giving written notice to the City at least six (6) months prior to the expiration of the current term or any extended term. During any option period the terms and conditions of this Agreement will remain unchanged. 3. Rates. The following monthly rates for garbage and trash removal shall apply from the date of this Agreement. a. Single family, duplex and triplex .................. $7.71 per unit per month b. Mobile home units and individual apartments or condominiums ...................... $4.88 per unit per month C. Individual commercial business accounts with trash cans ........................ $10.85 per unit per month d. Commercial dumpsters used by commercial business, apartment complexes and condominiums ....... $27.86 per containerized yard per month G:\WP\0270000RAGR_CANA.01 e. Special collection services - in addition to the normally provided twice weekly service for commercial dumpsters as provided in paragraph "d" above ....................... $3.86 per containerized yard per pick-up f. Recycling Service ............................... $2.13 per dwelling unit g. Roll -off Containers (1) Container delivery ................................. 50..00 (2) Per Pull 20 cu. yd ............................ 135.00 30 cu. yd ............................ 160.00 40 cu. yd . ........................... 185.00 (3) Actual disposal cost shall be added to the pull charge plus 20%. (4) Dry runs shall be charged the same as the delivery rate. The total amount charged by the Collector shall be based on the number of units serviced as changed from time to time. 4. Rate Adjustment. The rates set forth in paragraph 3 shall remain unchanged until September 30, 1999. On September 30, 1999 and on September 30 of each year thereafter, the rates shall be adjusted based upon a 15% reduction in any annual increase in the Consumer Price Index (the "CPI") for all Urban Consumers, unadjusted (U.S. City Average: all items) issued monthly by the U.S. Department of Labor, using the years 1982-1984 as a base of 100. On September 30 of each year, beginning on September 30, 1999, the rates shall be adjusted by multiplying the rates then in existence by a fraction, the numerator of which shall be the Index Number for all items, all Urban Consumers, as set forth in the CPI for the month of July of that year and the denominator of which is the Index Number for all items, all Urban consumers Price Index for the prior July. In no event will the rates decline, but if the CPI increases, then the CPI factor shall be reduced by 15% before applied to increase the rates. In the event that the Department of Labor no longer publishes the CPI, or if there is a significant change to the method of collecting the CPI, the parties will agree on a new formula similar to the existing CPI formula. The rates shall not increase by more than 10% per year (any increase for Workers Compensation insurance as described below will not cause the rates to increase by more than 10% per year), but if the CPI (as described) increases by more than 10%, then any increases over 10% shall carry over to the next year and be added to the CPI percentage for the next year. The monthly collection rates shall also be adjusted based upon any increase or decrease in the standard Workers Compensation Insurance rates applicable to the Collector without experience modification based on actual payroll in the month following the change. The Collector may request an increase in rates in the event of an extraordinary expense or occurrence. G:AV/1M27000011AGR CANA.01 2 5. Collector's Obligations (A) Garbage Pick Ute. Garbage and trash pick up shall occur twice weekly from all locations unless specified otherwise. Pickup will be from the customer's curbside location (curbside service) or pre -selected dumpster locations. Rear door service shall be provided at no extra charge for customers who have been designated handicapped by the City. Rear door service will also be available at a standard additional charge, "as provided in Section 7 of Addendum 1," for any locations one hundred (100') feet or less from curbside. Any service in excess of one hundred (1010') feet from curbside will be charged at a rate to be negotiated between the Collector and the customer. The Collector is not required to collect garbage on City holidays, but the Collector will still be required to collect garbage twice each week regardless of holidays. (B) Horticultural Pick Un. An additional, separate horticultural trash pick up shall be provided once per week for all horticultural trash placed at curbside. Horticultural trash that is suitable to be containerized shall be placed for collection in an individual container. Plastic bags will not be acceptable. (C) Bulk Items. The Collector will collect residential bulk items (such as appliances, furniture, etc.) on a weekly basis for no additional fees. However, bulk items which may be generated by commercial or industrial operations will be charged separately for pick-up of such bulk items. (D) Provide Containers. Unless directed otherwise by the City, the Collector will provide industrial containers for multi -family housing complexes and to businesses requiring such containers at reasonable rental rates. Absent unusual circumstances, industrial containers will be supplied by the Collector within three days after request. (E) Equipment. The Collector shall maintain its equipment and containers in good working order and with a clean appearance. The Collector shall have reserve equipment at its disposal so that the Collector may perform the services required herein in the event of some equipment failure. The containers used shall have easy opening, positive closing lids, and the Collector shall spray the industrial containers with disinfectant every 30 days. However, the customers shall be responsible the proper care of containers provided by the Collector. (F) Collector Personnel. The Collector shall maintain qualified personnel at all times to perform the work as described in this Agreement. All personnel will wear a clean uniform or shirt bearing the Collector's name. (G) City Facilities. The Collector shall pick up all refuse and trash from all City facilities, including parks and all recreational complexes, and containers at all beach and streets, at no cost to the City. (H) Hours. Except in emergencies, the Collector may not collect in residential areas earlier than 7:00 a.m. or later than 7:00 p.m., E.S.T. or 9:00 p.m. E.D.T., Monday through Saturday. No collection activities will normally occur on Sundays in residential areas. Collection in non- residential areas may be made at other times if nearby residences are not disturbed. (1) Litter. The Collector shall not litter in the process of collection or hauling. In the event of litter or spillage, the Collector shall clean it up promptly. (J) Approved Containers The Collector shall not be required to collect solid waste unless it is in approved containers. (K) Special Materials. The Collector will provide hauling service for materials not routinely generated in residential areas. Collection of special materials, roll -off, open -top, and compactor service will be contracted between the customer and the Collector. G1WP102700001WGR CANA.01 3 (L) Extraordinary Materials. Unless otherwise agreed by a separate understanding, the Collector will not be required to collect any hazardous wastes, body wastes, dead animals, abandoned vehicles, vehicle and boat parts, large equipment and parts, materials not generated by the owner (such as tree trimmers or roofers). (M) Communication. In addition to its regular office in Brevard County, the Collector will provide emergency telephone service. (N) Disposal. All refuse (not recyclables) shall be disposed of at the Brevard County Solid Waste Disposal Station. (0) Routes. The Collector will provide the City with current rates and collection schedules and shall notify customer of any changes in pickup schedules not less than one (1) week before the change. (P) Books and Records. The Collector shall keep records of all costs and expenses incurred in performance of this Agreement. These records shall be made available to the City to substantiate all contract adjustments. An annual audit may be requested by the City and conducted by an auditor selected by the City. (Q) Container Enclosures. The City desires to have all front-end loader containers kept in enclosures, and the Collector will, when feasible, pick-up and place front-end loader containers in the enclosures provided. However, to insure that such enclosures are practical, all new enclosures or existing enclosures which are to be reconstructed, remodeled, or renovated must be approved by the Collector as the placement, positioning and size of the enclosure. 6. City Responsibilities. (A) Billing. The City will handle all billing and collection services in connection with City Refuse Accounts except when special rates apply or roll -off service in which case these special services will be billed by Collector. The Collector will have primary responsibility for enforcing this Agreement against competitors or third parties except for scavengers who will be prosecuted by the City. (B) Certification of Accounts. The City will certify to the Collector on the last Friday of each month the number and size of all containers. (C) Payments to Collector. Collector shall submit to the City its monthly statement for services provided during the prior month. The statement will be in the format reasonably requested by the City. (D) Complaints. All complaints will be referred to the City. Any complaint deemed by the City to be services shall be forwarded to the Collector for a written response or explanation and statement of corrective action. The Collector will respond to all complaints in an expeditious manner. 7. Recycling Program (A) Recyclable Materials. The Collector shall collect the following: Newspaper: Newspaper only. No phone books, brown paper, colored newspaper, magazine paper, etc. Aluminum Cans: No tin cans, odd pieces of aluminum, such as toys, chairs, etc. GAWP102700001WGR CANA.01 4 Glass Jars / Bottles: No mirror, window pains, windowshields, etc. Plastic Bottles: Milk and drink bottles only. No soap, clorox, oil bottles or odd pieces of plastic. NO STYROFOAM. Other items may be collected at Collector's option. The Collector shall furnish a single bin to each home for the purpose of storing recyclable materials in the home and identifying the recyclable materials at the curb. When reasonably needed, the Collector will replace bins that are damaged. The size of the bins will be selected by the Collector and the color (within range of availability) by the City. The bin may have both City and Collector names on the bin. The City may inspect the recyclable materials to ascertain that they conform to the requirements of this Agreement and to the type of bins, weight of bins, etc. The Collector will not be required to collect materials that are in violation of this Agreement. The non -recyclable materials in the recycling bin will be left in the bin at the residence as examples of incorrect materials that should not be placed for collection. (B) Services to be Performed by City. City shall be assisted by the Collector in conducting a public awareness campaign to promote the City's recycling program. All materials and publications used by the Collector shall be reviewed by the City and that used by the City referring to the Collector shall be reviewed by the Collector. (C) Compensation to City. (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 recycling 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 storing, 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. (2) 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. (D) Reporting Requirements. (1) Monthly Reports: The Collector shall submit monthly (4 or 5 weeks) reports. 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. (2) Material's Sales Report. 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 sale, the portion of the storage, 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. (E) Bins The Collector will initially provide City residents one (1) portable bin for recyclable materials to accommodate the amount of recyclable materials generated by those particular premises. Heavy-duty plastic bags of the type especially manufactured for rubbish collection, and trash compacter sacks, may be used for materials that occasionally exceed the bin capacity. Grocery cartons and paper sacks are acceptable as excess recyclable material bins, G:1WP102700001\AGR CANA.01 5 provided that are not torn, wet, or otherwise damaged. The residents are responsible for proper care of the container. (F) Placement of Bins. On the day designated for collections, City residents shall place the bin on the curb at the normal collection point. Each bin containing recyclable material shall be placed on the curb not later than seven (7) a.m. on the day of collection. (G) Turningin n Bins. When vacating a residence, the resident must turn in the bin to the Collector or City. If the bin is not turned in, the resident will be charged the current replacement value on their final bill. (H) Title. The City shall have title to all refuse material, but all recyclable material collected by the Collector shall become owned by Collector upon collection. 8. Performance Bond. The Collector shall furnish to the City a Performance Bond for the faithful performance of this Agreement and all obligations arising hereunder, in the amount of forty- five thousand dollars ($45,000.00). It shall be executed by a surety company licensed to do business in the State of Florida. 9. Workers Compensation Insurance. The Collector shall provide and maintain during the life of this Agreement, adequate Worker's Compensation Insurance, in accordance with the laws of the State of Florida, for its employees. A copy of the policy, annual audits and policy renewals must be provided to the City by the Collector, and accompanied by a list of applicable Collector's personnel. 10. Liability Insurance. The Collector shall provide and maintain during the life of this Agreement, Public Liability and Property Damage Insurance and Umbrella Coverage in the following amounts: Public Liability: $100,000 per person/$300,000 per accident, minimum Property Damage: $100,000 per any one claim, minimum Umbrella Liability: $1,000,000.00 with a $25,000 deductible and/or base insurance minimum to protect itself, its agents, and its employees from claims for damages for personal injury including wrongful and accidental death and property damage which may arise from operations under this Agreement, whether such operations be performed by itself or its employees. The policy or policies shall name the City as additional insured and shall contain a clause that the insurer will not cancel or decrease the insurance coverage, without first giving the City thirty (30) days notice in writing. If practical, the Collector will seek to obtain long-term policies to obtain lower premiums. The Collector shall provide the City with copies of all policies, audits and renewals. 11. Standard of Performance. (A) It shall be considered a breach of this Agreement if the Collector fails to collect the solid waste materials herein specified for a period in excess of two (2) consecutive, scheduled, working days, or fails to operate the system in a manner that is in accord with this Agreement in the GAWP10270000I\AGR CANA.01 6 reasonable determination of the City Manager. If such failure is due to war, insurrection, riot, Act of God, or any other cause beyond the Collector's control, then it shall not be considered a breach of this Agreement. In the event the City Manager determines that a breach has occurred and the Collector and the City Manager cannot resolve the matter within 10 days, then the Collector shall have the right to appeal the decision to the City Council at the next regularly scheduled Workshop and Council Meeting. (B) If the City finds it necessary to perform the Collector's duties itself or by a third party, then the City shall have the ability to deduct any and all operating expenses from compensation to the Collector. (C) If the Collector fails to perform its collection responsibilities under this Agreement and the Collector is unable for any cause (except Acts of God, war or other similar matters beyond the Collector's control) to resume performance at the end of twenty-one (21) calendar days, the City shall be free to negotiate with other collectors for the operation of said collection service. Such operation with another Collector shall not release the Collector herein of its liability to the City for such breach of this Agreement. In the event that this Agreement is so negotiated with a new Collector or Collectors, third party liability of the Collector herein shall terminate insofar as same arises from tortious conduct in operation of the collection services. 12. Liquidated Damages. A breach of certain duties of the Collector provided herein would cause serious and substantial damage to the City and its occupants, and the nature of this Agreement would render it impracticable or extremely difficult to fix the actual damage resulting from such breach Therefore, it is agreed that in case of breach of the duties described below, the City may elect to collect liquidated damages for each such breach and the Collector will pay to the City as liquidated damages and not as a penalty, the amounts set forth below. An election to seek such liquidated damages shall not be construed as a waiver of any legal remedies the City may have as to any subsequent breach under this Agreement. A truck beginning residential collections prior to 7:00 a.m. $25.00 per day Failure to collect misses within twenty-four (24) hours of $10.00 each residential notification to Collector. or commercial unit served by container Repetition of valid complaints on a route after notification to replace $5.00 each container in a designated location, spilling, not closing gate, crossing planted areas or similar violations. Such liquidated damages as the City shall elect to collect will be deducted from the monthly payments due the Collector. Each complaint shall be determined on the basis of a joint inspection, if necessary, by a representative of the City, and a representative of the Collector, and the decision of the City Manager that any complaint is legitimate shall be final. 13. Default of Agreement. Should the Collector abandon, delay unnecessarily in the performance of, or in any manner refuse or fail to comply with any of the terms of this Agreement, or neglect or refuse to comply with the instructions of the City relative thereto, the City shall notify the Collector, in writing, of such abandonment, delay, refusal, failure or neglect and direct it to G:\WP\027000011AGR CANA.01 7 comply with all provisions of this Agreement. A copy of such written notice is to be mailed to the surety on the Performance Bond and delivered to the City. Should the Collector fail to show cause why it has abandoned, delayed, refused, failed or neglected to comply with the terms of this Agreement, to the satisfaction of the City Council, the City Council may, by resolution, declare a default of this Agreement and notify the Collector and the surety on the Performance Bond of such declaration of default, or the City may take such other action as it may deem advisable. Upon such declaration of default, all payments due the Collector shall be retained by the City and applied to the completion of this Agreement and to damages suffered and expense incurred by the City by reason of such default, unless the surety on the Performance Bond shall assume this Agreement, in which event, all payments remaining due the Collector at the time of default, less amounts due the City from the Collector and less all sums due the City for damages suffered and expenses incurred by reason of such default shall be due and payable to the surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid the Collector had such Collector continued to perform this Agreement. If such surety fails to exercise such option, the City may complete this Agreement or any part thereof, either by day labor or by reletting an agreement for the same, and the City shall have the right to take possession of and use any or all of the vehicles, materials, equipment, facilities and property of every kind provided by the Collector for the performance of this Agreement, and to procure other vehicles, equipment and facilities necessary for the completion of the same, and to charge the cost of same to the Collector, together with the cost incident thereto. In the event the City completes this Agreement at a lesser cost than would have been payable to the Collector under this Agreement if the same had been fulfilled by said Collector, then the City shall retain such difference. Should such cost to the City be greater, the Collector shall be liable for and pay the amount of such excess to the City. 14. Disputes. Any controversy, claim or dispute, arising out of or relating to this Agreement, including questions of performance of fees and charges, shall be handled as follows: (A) The City Manager will attempt to resolve the dispute with the Collector. (B) If the City Manager cannot resolve the dispute with the Collector within ten (10) days of first being notified of the dispute, or initiating the dispute, the matter shall be submitted to the City Council to be acted upon at the next regularly scheduled City Council Meeting. (C) If the City Council fails or is unable to settle the dispute, then either party may pursue its available legal remedies. 15. Indemnity. The Collector will defend, indemnify, save harmless and exempt the City, its officers, agents, servants and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys' fees resulting from injury to persons, damage to property arising out of this Agreement or work done in the performance of this Agreement, or any other cause of action asserted against the City under or arising from this Agreement. The City reserves the right to retain counsel of its choice at its own expense, or, in the alternative, approve counsel obtained by the Collector. 16. Assignment and Sub -letting No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or part by the Collector without the express written consent G:1WP102700001\AGR CANA.01 8 of the City Council except to a wholly-owned subsidiary of USA Waste Services, Inc. In the event of any assignment, the assignee shall assume the liability of the Collector. 17. Notice. A letter addressed and sent by certified United States. Mail to either party at its business address shown hereinabove shall be sufficient notice whenever required for any purpose in this Agreement. 18. Definitions (A) Approved Container shall mean industrial, commercial or individual containers approved by the City and by the Collector. (B) Bins shall mean containers provided by the Collector for recycling. Bins shall be in the size currently utilized or as otherwise agreed by the parties. (C) Bulk Container shall mean a fifty-five (55) gallon drum supplied by the City for temporary storage of refuse or trash at street and beach locations and other City recreational facilities. (D) Business shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises. (E) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yard capacity or greater. (F) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, which may serve as breeding or feeding materials for flies and/or other germ - carrying insects. (H) Hazardous Materials shall mean wastes that are hazardous by reason of their pathological, explosive, radiological or toxic characteristics. (I) Horticultural Trash shall mean accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length, thirty (30) inches in diameter, and/or exceed 50 lbs.), bushes, or shrubs, green leaf cuttings, coconuts, fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches, trees, or bulky or non-combustible materials not susceptible to normal loading. (J) Individual Containers shall mean a container made of non-absorbent material provided with a closely fitting cover, side bail handles, and of thirty (30) gallons or less gross capacity or a thirty (30) gallon or less gross capacity waterproof bag of strength and material approved by the City and not exceeding 50 lbs. (K) Industrial Container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (L) Recycling: the capture, removal, and reuse of an item or material from the waste stream that would otherwise be disposed of. (M) Recyclable Materials shall have the meaning as described herein. (N) Refuse shall mean a combination of garbage, small pieces of materials and horticultural trash separated and containerized for pickup. G:1WP1027000011AGR CANA.01 9 (0) Single -Family shall mean and include a detached single-family dwelling designed or intended for occupancy by one (1) person or by one (1) family. (P) Special Material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely generated in residential areas. (Q) Trash shall mean material, excluding horticultural trash which by the nature of its size cannot be containerized. (R) Triplex shall mean and include a detached three-family dwelling designed or intended for occupancy by three (3) families. (S) Solid Waste shall mean a general term which includes all forms of solid materials handled and hauled by the Collector. All loose materials that are of the size that can be containerized shall be put in a container. All materials that can be cut shall not exceed four (4) feet in length, thirty (30) inches in diameter, and/or exceed 50 lbs. (T) Curbside - a point within the parkway abutting such residence no farther than five (5) feet from the curb line or paving line, or, in case no parking exists, which abuts the customer's property at a point no greater than five (5) feet from the curb line or paving line of the nearest public street, or, in the case of the existence of a drainage ditch, at a point within said dimensions adjacent to the nearest driveway. 19. Miscellaneous. The failure of the City at any time to require performance by the Collector of any provisions hereof shall in no way affect the right of the City thereafter to enforce same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provision itself. This Agreement shall be governed by and construed under the laws of the State of Florida. The Collector shall conduct operations under this Agreement in compliance with all applicable laws. If any provision of this Agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force and effect. The Collector shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. In the event of any litigation concerning this Agreement, the prevailing party shall be entitled to its reasonable attorneys fees and expenses, including any such fees or expenses incurred in appellate proceedings. WESTERN WASTE INDUSTRIES, INC. CITY OF CAPE CANAVERAL d/b/a USA WASTE SERVICES By: Print: Its: Vice President G:\WP\02700001\AGR CANA.01 10 By: Print: Its: Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Discussion Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: 1997/98 LAW ENFORCEMENT CONTRACT DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and comment on this draft contract for law enforcement services. Summary Explanation & Background: This is an annual agreement. The personnel is listed in Appendix "A". The contract price is $1,125,564 for operations and $59,926 for capital equipment. Please advise. Exhibits Attached: Proposed contract; Existing contract City Manager'OfTice Department LEGISLATIVE i d:\cityman\admin\council\meeting\1997\09-16-97\law enforcement contract.doc �bcrfff Office (407) 264-5201 FAX (407) 264-5360 700 Park Avenue Titusville, F) 327$0 Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE MEmber, Florida Sheriffs Association Member, National Sheriffs Association September 10, 1997 Bennett Boucher, City Manager City of Cape Canaveral P.O. Bmc 326 Cape CantiveW, Florida 32920-0326 Dear Bewlett: In a recent conversation you questioned the methodology used for the indirect coat rate established by the Sheriffs Office, and, you asked for the program and doslt rationale behind the Sheriff's take tome vehicle policy. Regarding the indirect cost rate, you specifically questioned how costs for fleet mnintenance are calculated in the indirect cost rate. Because a portion of the cast included in the Sheriff's fleet maintenance budget is also included as a Iine item in the budget appropriated by the City, those costs, c.g. fuel, were not mcluded in the total support costs that make up the indirect cost calculation. The only costs included as a support costs incurred by the SheriWs Office are those coats which support the Jaw 1, t &=cment opcxatior s conducted for the City , and, that are not built into the budget funded through the City. Addressing the take home vehicle ptan, each vehicle assigned to Cape Canaveral Currently accumulates approximately 25,000 miles per year. This mileage accumulation raft allows the Sheriff's Office to operate the vehicle for approximately four years befm it is replaced. in contrast, requiring each vehicle to be used for each shift will mean that vehicles could accumulate over 73,000 miles per year. Therefore, if the vebicles were utilized around the clock, and continuing to use the accepted 100,000 rotation policy, each vehicle would treed to be replaced approximately every two ycara,. While the continual use program would allow the City to have fewer vehicles in the fleet, the cost of buying vehicles every two years ,instead of every four years +, as is now the practice, would cog the City equal to, if not more than the current annual vehicle replacement capital appropriation. A second cost of vehicles that needs to be considered is maintenance. Annul maintenance costs will be significantly higher with the continual use plan. Maintenance problems occur more frequently when, cars are continually used, and you must have a larger reserve fleet for assignment to Deputies when the car they are using is moved to the shop for maintenance_ Lastly, the Sheriff' has adopted the take home vehicle program as policy. As policy, the Sheriff cannot treat Deputies working m Cape Canaveral differently than he does Deputies assigned to otter Pmdnots. I hope this infbrmauon answers your questions. PICIft contact either myself or Major George McGee if you need any additional information. Michael Abels Administrative Services Director C.C. Major George McGee North Precinct 700 Park Avenue Titusville, FI 327$0 (407) 264-5353 (407) 264-3359 FAX Central Precinct 2575 N. Courtenay Pkwy, MwTitt 1$14ind, FI 32953 (407) 455-1485 (407) 455-1488 FAX Canaveral Precinct 111, Polk Aven4lp Cape Canaveral, Fi 32935 (407)868.1113 (407) 784-5340 PAX South Precinct 2725 Judge Fran Jami®son Way, Bldg. E viera. FI 32940 (407) 633-2123 (407) 633-198,5 FAX Brevard County Detention Center P.Q. BOX $40 860 Camp Road Sharpes, Ft 32955 (407) 690 1500 (407) 635-7$00 FAX LAW ENFORCEMENT CONTRACT THIS AGREEMENT dated this day of , 1997, by and between, Philip B. Williams, as Sheriff of Brevard County, hereinafter referred to as "Sheriff', and the City of Cape Canaveral, Florida, a municipal corporation, hereinafter referred to as "City". WITNESSETH, WHEREAS, the City wishes to purchase municipal law enforcement services for that area of land within its municipal boundaries; and WHEREAS, the Sheriff is desirous of performing those services; NOW, THEREFORE, for good and valuable consideration, it is mutually agreed as follows: 1. PURPOSE The Purpose of this agreement shall be to provide the citizens of City with police services by Sheriff. The Sheriff shall at all times endeavor to provide the citizens of City with the service similar to that which they would enjoy with a Municipal Police Department. 2. PERFORMANCE OF CONTRACT The Sheriff will perform this contract as empowered and limited by the Constitution and Laws of the State of Florida, which grant powers and duties of the Sheriff as chief executive and law enforcement officer of Brevard County, the Charter of the City, and the transfer of the City's police power by reason of this agreement. a. As a standard of performance, Sheriff s deputy shall respond to all emergency calls within the City's corporate limits within three (3) minutes after a call has been dispatched. This response time may be extended during periods of mutual aid service with other entities. 3. SCOPE OF SERVICES The Sheriff shall provide City with the following specified service and all support services incident thereto: a. provide 24 hour law enforcement services to the City and enforce all laws for which the Sheriff has jurisdiction to enforce. b. All personnel shall be as listed in the approved Personnel Allocation listed at Appendix A to this contract. c. There shall be a minimum of two cars and two deputies on patrol within the corporate limits at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean the actual patrolling of the City's streets or investigation or attending to an observed or reported incident or availability to provide law enforcement services within the response time set forth in paragraph two hereinabove. d. A law enforcement officer shall be present at Council meetings when so requested by any member of the City Council or by the City Manager. City of Cape Canaveral Law Enforcement Contract Fiscal Year 1997-1998 4. S. PERSONNEL page 2 rev: September 2, 1997 All personnel used by the Sheriff in the performance of such services, functions and responsibilities as described and contemplated herein for the City, shall be and remain, Sheriff employees or deputies, and no one of such persons shall be considered in the employ of the City for the purpose of pension benefits, compensation, or any status or right. All deputies shall be fully certified as required by both the State of Florida and the Sheriffs Office. Deputies assigned to Cape Canaveral will remain assigned to duty in Cape Canaveral unless they leave the employment of the Sheriff, or unless reassigned by the Sheriff after notification to the City Manager. The parties recognize that the final decision concerning the assignment of personnel is the responsibility of the Sheriff. The parties agree that the Sheriff has the final decision on determining the rank structure implemented for personnel assigned to Cape Canaveral. The Sheriff further agrees there will not be more than two deputy(ies) assigned to Cape Canaveral at a time with less than one year of experience as a law enforcement officer. However, in the event the City considers any of the personnel assigned under this contract to be contrary to the best interest of the City, the Sheriff agrees to reassign that (those) person(s), after reasonable notice and a replacement will be provided within a reasonable time thereafter. PAYMENT For the first year of this contract, the City shall pay to the Sheriff, the sum of $1,125,564 for operations and $59,926 for capital equipment for his performance hereunder. The contract price for the second year of this contract will be set based upon the mutually agreeable contract price established by the budget approved by the City. Sheriff shall separately account for all services rendered by him hereunder and, to the extent, that Sheriffs cost of performance is less than the contract price for any given year, city shall receive a rebate to the extent of such surplus. Payments shall be made in twelve monthly installments payable on or before the fifth day of each month, beginning October 1, 1997. The contract price stated hereinabove includes a portion of Sheriffs indirect overhead, to cover costs such as dispatch services and other services provided by Sheriff in support of Cape Canaveral. City's pro rata share of such indirect overhead expenses is currently $114,655.00, annually. To provide City with price stability, in the first year of this contract, Sheriff agrees to utilize funds previously paid by the City for Communication services thereby absorbing the additional indirect overhead costs attributable to City over and above the $70,000.00 contribution previously made by the City. In year two of this contract, City agrees that it will pay $70,000.00, plus one-half (1/2 of the difference by applying methodology described in Appendix `B"), but in no event will the cost charged to City for indirect overhead costs exceed ten percent (10%) of the total, annual contract price. Should the City desire that the Sheriff provide services at a higher level than that contemplated herein, the City Manager shall have the authority to negotiate with the Sheriff City of Cape Canaveral Law Enforcement Contract Fiscal Year 1997-1998 6. FA 8. 9. page 3 rev: September 2, 1997 regarding modification of the Agreement and shall bring such modification to the City Council for appropriate action. Any request for modification of service levels shall be accomplished by written request to the Sheriff, and if necessary, amendment to the contract price then in effect. TERM OF AGREEMENT This Agreement shall take effect on the I't day of October 1997, and shall continue in effect for a term of two (2) years. CONTRACT YEAR Should a mutually agreeable contract price not be approved before the beginning of a new contract year, (October 1 of each year) the contract price to commence the new contract year will be equal to the total monthly cost of personnel services and operating expenditures for the concluding contract year, and, will continue until such time a new budget is approved by both parties. Both parties agree that when a new contract year budget has not been mutually agreed to by September 30th of the expiring contract year, within ninety (90) days after the expiration of the contract year the financial terms for the then current contract year will be finalized and executed by both parties. Should the new financial terms not be agreed to by both parties within (90) days, either party may choose to arbitrate the financial terms of this Agreement under Section 16 of this Agreement, or, may terminate the Agreement under Section 21 of this Agreement. DATA The Sheriff shall provide to the City Manager the quarterly activity reports for each month. In addition, the Sheriff shall provide to the City Manager such other information as he, from time to time, may reasonably request. The City may retain at its expense an independent audit firm to conduct a compliance review and/or audit of said contract. FACILITIES The city shall provide facilities for use by Sheriff in performing this contract. In the facilities provided by the City for use by the Sheriff, the City hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, and shall provide janitorial services and, pay all charges for utilities, telephone and other services required for the operation of the facilities. The facilities shall be used for the sole purpose of providing the services as defined in this Contract. Any other use of these facilities shall be negotiated as to cost and extent. City of Cape Canaveral Law Enforcement Contract Fiscal Year 1997-1998 10. EQUIPMENT page 4 rev: September 2, 1997 All equipment purchased by the Sheriff, for use in performance of this agreement, which purchases are funded with monies from this contract shall remain in the exclusive possession of the Sheriff until the contract terminates. Ownership, of such equipment shall remain with the City at all times and possession shall be surrendered to City upon termination hereof. All equipment leased to the City shall remain the property of the Sheriff, upon termination hereof. The Sheriff shall maintain an inventory of equipment, continually updated, and shall, upon request, provide written inventory reports to the City Manager. 11. FINES, FORFEITURES AND FEES All fines, forfeitures and fees collected by the County Court on cases made by law enforcement officers within the City limits, will continue to be returned to the City in accordance with the existing law of Florida, with the exception that two dollars ($2.00) which has been earmarked for the law enforcement education pursuant to Florida State Chapter 943.25(13), shall continue to go to the Sheriffs Law Enforcement Education Fund. Monies or property taken in contraband forfeiture seizures within the City of Cape Canaveral, shall be forfeited to the use of, or to be sold by, the Sheriff, unless the Sheriff in his discretion decides otherwise, or unless the seizure was solely carried out by deputies assigned to Cape Canaveral, in which case such forfeited property or money shall belong to City. Sheriff shall apply to the Court to recover investigative fees upon successful prosecution of active cases. 12. RULES AND REGULATIONS The Sheriff will have sole authority to promulgate rules and regulations for the operation of the law enforcement officers and functions within the City. 13. CONTRACT PURCHASES The Sheriff will have sole power to determine and to contract for or purchase services, equipment, supplies, facilities, and other property for law enforcement needs within the City, provided Sheriff can do so with funds allocated to him pursuant to this agreement. 14. FEDERAL OR STATE AID The City will determine when to apply for, with assistance and cooperation from the Sheriff, federal or state grants, aids, loans, assistance or other acquisition for law enforcement needs within the City. 15. INSURANCE Sheriff agrees to provide law enforcement officer's professional liability insurance coverage City of Cape Canaveral Law Enforcement Contract Fiscal Year 1997-1998 page 5 rev: September 2, 1997 for bodily injury and property damage caused by an occurrence arising out of the scope and performance of duties by law enforcement officers and support personnel covered by this agreement. The Sheriff will provide automobile liability insurance for bodily injury and property damage for vehicles used by the Sheriff s Office under the terms and conditions of this agreement. Alternatively, the Sheriff at his election, may become part of a recognized self-insurance program with other law enforcement units to provide such protection. Costs of such protection described above will be part of the funds provided by the City. Sheriff will provide, or will reimburse the City for reasonable and ordinary premiums paid, for coverage in an amount not greater than fair market value of covered property, for fire, theft and comprehensive insurance coverage for all books, furniture, equipment, supplies and other tangible property owned by the City and used by the Sheriff in performing this agreement, and the City assumes all risk of loss not covered by insurance. The City will provide for its own fire, storm, flood, and property damage and public liability insurance for bodily injury and property damage, for the facilities furnished by City to Sheriff, and shall name the Sheriff as an additional insured, at no cost to the Sheriff. Each, Sheriff and City, will upon request, provide the other with a copy of each insuring agreement mentioned in Paragraph 15. 16. DISPUTES OR DISAGREEMENTS During the duration of this agreement, all disputes or disagreements between the parties relative to either party's performance under the terms of this agreement, will be presented specifically, in writing, by the party claiming dispute. Thereafter, the responding party will answer specifically in writing within thirty (30) days to the claimant. Within fifteen (15) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration. The parties will choose a retired circuit judge as arbitrator. If the parties cannot agree on an arbitrator, then an arbitrator will be selected by the court pursuant to Florida Statute 682. 17. HOLD HARMLESS CLAUSE The City and Sheriff each indemnify and will hold the other whole and harmless from any and all manner of action and actions, cause and causes of action, suits, trespasses, judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including reasonable attorney's fees and court cost which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts of the employees, officers or agents of the other, whether occurring before or after the City and Sheriff assumed the obligations of this Agreement. City of Cape Canaveral page 6 Law Enforcement Contract rev: September 2, 1997 Fiscal Year 1997-1998 18. NOTICE Notice or other writings required or permitted under this agreement shall be given to the Sheriff at 700 Park Avenue, Titusville, Florida 32780; and to the City at 105 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida 32920. 19. MODIFICATIONS This agreement shall be subject to modifications at any time upon written mutual consent of the parties hereto. 20. MARKINGS The City shall have the right to mark the Sheriff s cars used in Cape Canaveral with a specific Cape Canaveral designation provided that the markings are not contrary to any Statute or Regulation for marking Sheriff Department vehicles. 21. Termination Either party may terminate this Agreement without cause or further liability to the other, upon written notice to the other party, said written notice to be given not less than 180 days prior to the requested termination date, said notice to be deemed delivered when a copy is delivered to the other parties and a receipt therefor signed by the other party. Upon any such termination all further obligations shall cease, except for those related to payment for services rendered prior to the effective date of such termination. 22. LEGALITY OF AGREEMENT Any obligations created by this agreement which are hereafter determined by court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a non -material portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. City of Cape Canaveral page 7 Law Enforcement Contract rev: September 2, 1997 Fiscal Year 1997-1998 23. TOTALITY OF AGREEMENT There are no other agreements, written or oral, between the parties, and there are no conditions precedent to performance, oral or written, agreed to by the parties. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first written above. Attest: SHERIFF OF BREVARD COUNTY, FLORIDA Sheriff Philip B. Williams Attest: CITY OF CAPE CANAVERAL, FLORIDA Mayor John K. Porter Attachment A BREVARD COUNTY SHERIFF'S OFFICE CAPE CANAVERAL CONTRACT 1998 PERSONNEL SERVICES SALARY TOTALS $621,997 FICA/MEDICARE CURRENT RETIREMENT BUDGET SALARIES FY 96-97 MAJOR (1) $52,229 LIEUTENANT (5) $21,363 SERGEANT (2) $71,086 DEPUTY (14.5) $399,970 DESK OFFICER (5) $7,322 SECRETARY (1.5) $33,347 OVERTIME $25,000 SUBSIDY $11,680 SALARY TOTALS $621,997 FICA/MEDICARE $45,073 RETIREMENT $155,230 LIFE INSURANCE $2,160 HEALTH INSURANCE $74,720 WORKERS COMPENSATION $33,745 FRINGE BENEFIT TOTAL $310,928 TOTALS $932,925 Attachment A BREVARD COUNTY SHERIFF'S OFFICE nir Y.iy�Y.{'L +`iM+•y>;.� }�y X. x . •f•. vnu � µi.v;•Y;•;•.v :C2•:: ;• i :i..,. ..v�;Y.�%{•%.i5'i+Yl v.2,.}j•`.2it.,,vsn}j`YYY:::+:`�iv'}v:'}{:'.i;:j�j•:Yri;i:�r':}',v,��`}t;:`•S:iv i�in':i':Y.•^':Y.:::2{`i?..ii""�nY•: i'^•.i:Yv va2+•niwiiiii n �i�i�>�4kiXii+ki:lv:Siv:>M''� ni�niL{iw'fi/.4Ymiiv'l:i�:i:.i: Ni%i�':•/:;}riw%Y.iiLi�iv�i ni:ii:�i:4::i1 CAPE CANAVERAL CONTRACT 1998 SHERIFF'S BUDGET FY 97 OPERATING EXPENSES 98 *DISTRIBUTION OF ADMINISTRATION $69,359 INVESTIGATIONS $4,000 TRAVEL $500 TELEPHONE $5,000 POSTAGE $150 ELECTRICITY $0 WATER AND SEWER $0 RENTS AND LEASES $11,000 INSURANCE -VEHICLES $17,000 INSURANCE -PROF LIABILITY $15,650 INSURANCE -PROPERTY $680 RADIO INSTALLATION $1,000 REPAIRS AND MAINT-OTHER $4,000 REPAIRS AND MAINT-RADIO EQUIP $3,000 REPAIRS AND MAINT-VEHICLES $15,000 TIRES AND BATTERY $0 PRINTING $400 OFFICE SUPPLIES AND EXPENSES $3,500 GASOLINE $25,000 CHEMICALS $400 MISC. FURNITURE AND EQUIPMENT $4,000 TOOLS AND IMPLEMENTS $150 SAFETY EQUIPMENT $650 JANITORIAL SUPPLIES $500 MOTOR FUELS AND LUBRICANTS $500 FINGERPRINTS AND PHOTOS $1,000 OTHER OPERATING EXPENSES $4,600 UNIFORMS $5,000 MEMBERSHIP DUES $300 BOOKS AND PUBLICATIONS $300 OPERATING EXPENSE TOTALS $192,639 Attachment A BREVARD COUNTY SHERIFF'S OFFICE <}}t;}}•`,'v,'.};'.i h:}}`'{} } �}, }N�. v: w w}}.\,.`,.u}.`,}}::}}}}}}�v.}}}Y.xxv}yFY:;}} nCi}}yi'.�..'•'.YMYC:}Yk},}}}ivx }%}Yvm . iYr ,} Y,x. Y..} .v..vri x y}:..:..:::•:.,• ,• `:�..:.x�,.,�..,,x..,z,:<:.:.,,•.,:::.:..xz::.:•:.•:::::::s:... r,: !.r�;..x.x,�Y,z,..�?x;...•�zzzv}Azz}z....}..,Y.....�:.::.:•:.�;},•::z»s^}>.zzz>.}}:x}}}>:s.};:.:. .}}}: �•s�;Zz#zzr^ , k#..:.:::•:...x � ,:zxx:...:... ...} ... •:.•,.}::::�.:.:..:z,:, . . s:.:..:,..x:,.....x x�.:.'r.'.?" ,r ..; >.:.:,,•:::::.:::.... •:z:::x}:x:.. .:.:s>•.:.:.3�,zE:•:.:•:.:..s:. ..}....}...........::•::..:. ..:z.,.:.,a.... :z z:.. ::.:�.::#.^•.ss.z.:sz<:ss.� r••::::::::•:::::::}•.......... .Xs.::}z<z;:;:szsszs,..:.:.,.....#.............:..:..z..z,. a :s«:::s:;,:s,..:.:.:..:.. �:.... kk.:3:•}:........,.......f........:..:..:.::.�::s}.}•::>sz}::z}}}};:-:: .,•:..}.x:::.}�''9�h73,L`}•�}2�YcL'C`..A�„•.L`..}C}'„'^.,2.Yri}}}}}}},"t}}M2�.}Lh`•':;:::YG•:•.:`:.}:}i.,.•:}}::cY+kw:.}}}}}'w'^.}`.':2}.'..',y7Y1,5C;}i.�r,.;},:y,};;H:;kx�:,,,.::}},,.�i'r:`fJ/:x::2:2>;;:}v.:;:}>.:};r}}::}}::}.:::}:::„>.;:%»"Y,:::;::::^•.}}}::}::;.::•7.:.}•.};;:;:.:.,...,,..,_.., CAPE CANAVERAL CONTRACT 1998 CAPITAL REQUESTS ORIGINAL FY REVISED FY FUNDING 97-98 97-98 SOURCE 3 REPLACEMENT - MARKED PATROL VEHICLES $60,510 $45,000 (Contract Funded) 3 REPLACEMENT - VEHICLE OUTFITTING PACKAGES $7,000 $0 (City Funded) 1 NEW - CAMCORDER WITH REMOTE $704 $0 (City Funded) 2 NEW - STALKER RADAR UNITS $4,000 $0 (City Funded) 1 NEW - DUPLICATION VCR $500 $0 (City Funded) 0.5 NEW - MARKED PATROL VEHICLE $10,109 $10,109 (Contract Funded) *Total Cost is split between Port Canaveral and Cape Canaveral 0.5 NEW - VEHICLE OUTFITTING PACKAGE $2,517 $2,517 (Contract Funded) *Total Cost is split between Port Canaveral and Cape Canaveral 0.5 NEW - YAMAHA ATV FOUR WHEELER $2,700 $0 (City Funded) *Total Cost is split between Port Canaveral and Cape Canaveral 0.5 NEW - DEPUTY LAP TOP COMPUTER $450 $450 (Contract Funded) *Total Cost is split between Port Canaveral and Cape Canaveral 0.5 NEW - DEPUTY RADIO WITH CHARGER $1,550 $1,550 (Contract Funded) *Total Cost is split between Port Canaveral and Cape Canaveral 0.5 NEW - DEPUTY SIG SAUER PISTOL $300 $300 (Contract Funded) *Total Cost is split between Port Canaveral and Cape Canaveral TOTAL CAPITAL REQUESTS $90,340 $59,926 � \ k 00 K ¥ � \ n § n § § § cn � } � � o � \ * ° � � 9 ƒ 2 2 2 §1 2 � ` / \ k E / � ? § � \ k 00 K ¥ � \ n § n § § § cn � } � � m � \ * ° � � 9 ƒ 2 2 2 §1 2 � 0 / $ k E / � ? � n n � / 2 / � � \ k 00 7 E / ? cn ; §• n M \ * ° � 2 2 § 0 0 $ E E / � ? n n � / 2 / � § k g \ En / � � 7 _ _ _ _ @ � 9 k � Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Heading Discussion Item 12 No. We are seeking feedback from the City council on this issue. The Port Authority was informed that the City AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RECLAIMED WATER SERVICE AGREEMENT WITH THE CANAVERAL PORT AUTHORITY DEPT./DIVISION: LEGISLATIVE Requested Action: That the City Council review and comment on the draft agreement submitted by the Canaveral Port Authority. Summary Explanation & Background: City Council requested the continuation of the discussion from the 9/2/97 meeting. The Canaveral Port Authority is requesting a reuse service agreement with an allocation of 150,000 GPD, annual average day demand. This agreement also includes the City of Cocoa Beach. We are seeking feedback from the City council on this issue. The Port Authority was informed that the City Council would authorize 100,000 GPD for the SR AIA interchange only; the port would pay for the permit modifications and the city needs information on the type of system the city would pump to, i.e. lines or tank. Please advise. Exhibits Attached: Canaveral Port Authority's letter of 04-14-97; draft agreement City Mange'r's Office Department LEGISLATIVE d:\cityman\admin\council\meeting\1997\09-16-97\agreement with the port for reclaimed water service.doc SM ilk• �•PORT AUTHORITY 14 April 1997 Mayor John Porter City of Cape Canaveral P. O. Box 326 Cape_ Canaveral, FL 32926 Subj: Port Entrance InterchansztLandscaping/Irrigation Dear Mayor Porter. RALPH J. KENNEDY DONALD N. MOL.ITOR VX& Chapman RAYMOND R SHARKEY S=erary-Trea=W ROONEY S. KETCHAM Cbrrynasaw JOE D. MATHENY C4R1miS5i0 W CHARLES M. ROWL4ND Execu" Director The plans for the Port Entrance Interchange and Improvements to George King Boulevard are nearing completion and we are beginning design of the landscape element. Additionally, we are well along in our planning of the Jetty Park improvements. The quality and appearance of the landscaping of both of these projects will vary depending on the quality of water for irrigation. Both projects will serve to beautify both the Port and City of Cape Canaveral and by necessity and option will be heavily traveled and utilized by the citizens of the City of Cape Canaveral. We have ascertained that to maintain the landscaping approximately 30,000 gallons per day will be required for Jetty Park and 60,000 gallons per day for the Intersection/George King Boulevard irrigation. Our wastewater agreement with the City of Cocoa Beach states that they will provide reuse water in quantities equal to our sewage flow of approximately 100,000 gallons per day. Since the City of Cape Canaveral now sends approximately 750,000 gpd of reuse water to the City of Cocoa Beach and since the City of Cape Canaveral reuse lines are in proximity to the Port boundary, it is logical from an economic, energy and water conservation standpoint to connect to these lines and take a quantity of reuse water equal to the Port's daily sewage flow from the allotment you now send to the City of Cocoa Beach. As you know, the City of Cocoa Beach has agreed to this and is willing to provide the port with 100,000 gpd which will meet our landscaping needs. This additional output allocation has the additional environmental advantage of reducing the amount of fresh water entering the Banana River lagoon system during the period that the City of Cape Canaveral is striving to connect its reuse customers. During this interim period, you could provide the City of Cocoa Beach the full 750,000 gpd and provide the port with 100,000 gpd, thus reducing the flow into the lagoon system. PORT CANAVERAL & FOREIGN TRADE ZONE 136 P.O. Box 267 • Cape Canaveral.Florida 32920. USA • 407.783.7831 • Fax: 407.784.6223. 1.888.PORTCAN E-mail: portcan®aol.com • httpJlwww.porteanaveral.org Mayor John Porter /14/97 2 An alternative for the Port would be to obtain reuse directly from the City of Cocoa Beach which is wasteful from a right-of-way conservation, power usage and construction cost basis. The installation of the line from the Port to the Cocoa Beach reuse tank would duplicate and parallel the existing line from the Cape Canaveral plant to the reuse tank. This option is not economically viable and would be a glaring example of waste of public resources. Other alternatives available to the port would be to use a combination of shallow wells and retention bonds for irrigation in combination with vegetation which does not require much =gation but will result in a much less aesthetically pleasing landscaping for the city and the port. Owing to the Iarge investment in trees and landscaping as well as interior distribution lines, the port would want to be assured of a 20 year agreement for a minimum of 100,000 gpd with the city for the reuse water. In the spirit of cooperation, it is requested that you agenda this item for a decision by the City Council. I would like the opportunity at that meeting to present both the conceptual plan for the mprovements to Jetty Park and the Interchange at George King Boulevard projects. Thank you for your cooperation in this matter. Sincerely, CP AUTHORITY T'--- Ra ph Kennedy Chairman c: Mayor J. Morgan, City of Cocoa Beach _ Council Members: Leo Nicholas Buzz Petsos Arthur Berger Rocky Randels 08/13/97 15:56 'M407 839 3790 HARTbRAN ASSOC PR E -u rn I M k pi �0L4 -DRu��} 19, Wjooz/007 THIS AGREEMENT is made and entered into this day of ' , 1997 by and between the Commission of the Canaveral Port Authority, the City Commission of the City of Cape Canaveral and the City Commission of the City of Cocoa Beach. RECITALS 1. The Canaveral Port Authority, a body corporate and a body politic under the laws of the State of Florida, hereinafter called the "AUTHORITY", is in need of reclaimed water for irrigation within the lands owned by the AUTHORITY lying east of the channel of the Banana River in Brevard County, Florida, hereinafter called the "Port Area". The geography of the Port Area is defined by the map, attached hereto as Exhibit 1, and by reference, made part hereof. 2. The City of Cape Canaveral, Florida, a municipal corporation under the laws of the State of Florida, hereinafter called "CAPE CANAVERAL", is operating a sanitary sewerage system which produces reclaimed water suitable for public access areas. CAPE CANAVERAL has consented to provide reclaimed water to the AUTHORITY under the following terms and conditions of this Agreement. 3. The City of Cocoa Beach, Florida, a municipal corporation under the laws of the State of Florida, hereinafter called "COCOA BEACH", receives an allotment of reclaimed water from CAPE CANAVERAL, under the terms and conditions set forth in an agreement between Cocoa Beach and Cape Canaveral included as Exhibit 2. Cocoa Beach agrees to relinquish a portion of that allotment to the AUTHORITY for irrigation within the Port Area under the following terms and conditions of this Agreement. ACCORDINGLY, for and in consideration of the above Recitals, the mutual undertakings and agreements herein contained and assumed, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the parties, the AUTHORITY, CAPE CANAVERAL, and COCOA BEACH hereby covenant and agree as follows: SECTION. RECITALS. The above Recitals are true and correct and form a material part of this Agreement. SECTION 2. DEFUSTIONS. The following definitions and references are given for the purpose of interpreting the terms as used in this Agreement. (1) " Qape Canaveral System" - All facilities related to CAPE CANAVERAL's reclaimed water system. (2) '?pint of Reuse Connection" - The point where reuse facilities of Cape Canaveral are connected to the on-site reuse facilities of the AUTHORITY. 08/13/97 15:57 =407 839 3790 HARTMAN ASSOC WJ uusiuui hG :p Y X C •y, (3) "Reclaimed / Reuse Water" - the wastewater effluent that has been appropriately treated and is usable for reuse purposes in public access areas as defined by appropriate regulatory agencies. (4) "Service' - the readiness and ability on the part of CAPE CANAVERAL to furnish reclaimed water to the Port Area. Thus, the maintenance by Cape Canaveral of adequate pressure at the point of re -use connection shall constitute the rendering of service. (5) "Off -Site Facilities" - consist .of reclaimed water facilities constructed by the AUTHORITY located outside of the Port Area which shall be dedicated to CAPE CANAVERAL. (6) "On -Site Facilities' - consist of all facilities used for reclaimed water storage and transmission within the Port Area which shall remain the sole and exclusive property of the AUTHORITY. (7) "Effective Date" - the date upon which the last party of this Agreement executes the Agreement. Reclaimed water service shall be provided and allocated to the AUTHORITY in the following manner subject to the following terms and conditions: 3.1 EMJected Canacily Needs. CAPE CANAVERAL acknowledges that the AUTHORITY's reclaimed water projections indicate an initial reclaimed water service capacity need of approximately 150,000 gallons per day (annual average day demand). It is mutually acknowledged by all parties that the AUTHORITY has a projected ultimate reclaimed water capacity need of approximately 300,000 gallons per day (annual average day demand). 3.2 Reallocation of COCOA BEACH ReclainLed Water Allotment. COCOA BEACH receives 750,000 gallons per day (annual average day demand) of reclaimed water from CAPE CANAVERAL under the terms and conditions of the CAPE CANAVERAL / COCOA BEACH Interlocal Agreement. 100,000 gallons per day (annual average day demand) of the COCOA BEACH reclaimed water allotment will be transferred to the AUTHORITY, thereby reducing the COCOA BEACH reclaimed water allotment to 650,000 gallons per day (annual average day demand). The 100,000 gallons per day (annual average daily demand) of reclaimed water shall be provided to the AUTHORITY for the term of this Agreement, independent of the expiration of or any modification or amendment to the CAPE CANAVERAL / COCOA BEACH Interlocal Agreement for reclaimed water service. 3.3 Reclaimed Water AvailabilicY. Reclaimed water restrictions which are imposed on CAPE CANAVERAL residents shall also be applicable to reclaimed water use in the Port Area. CAPE CANAVERAL also acknowledges that until the residential capacity is established q 08/13/97 15:57 'M407 899 3790 HARTMAN ASSOC t9J004/UU7 DR , reclaimed water may be provided to the AUTHORITY in amounts greater than that specified in paragraph 3.1, as it is in the interest of the public to limit discharge of wastewater effluent to the Banana River. 3.4 Off -Site TmnroveTng=- CAPE CANAVERAL acknowledges that the off-site improvements, as described herein, shall benefit CAPE CANAVERAL by forming a reclaimed water transmission main loop and providing the means for connection of CAPE CANAVERAL residents along the transmission main route. 3.5 FT)Fr Permits for Constract- n of a Reclaimed Water System. The AU'T'HORITY agrees to process the necessary state application forms for the construction of a reclaimed water system within the Port Area. All permit fees shall be paid by the AUTHORITY. 3.6 Modi fic tign of C'APF CAVA :'gyp °L Reci 'med Water Service Area. CAPE CANAVERAL agrees to process the necessary state application forms for the modification of the COCOA BEACH reclaimed water service area to incorporate the Port Area. All permit fees will be paid by the AUTHORITY. or � �,.�qu (�v�� fej_� : / 4.1 The AUTHORITY shall pay reclaimed water rates and charges as described herein for any amount of reclaimed water over the 3,050,000 gallons per month which shall be reallocated from the COCOA BEACH reclaimed water allotment. The reclaimed water rate shall be $0.39 per thousand gallon for usage above 3,050,000 gallons per month. W"Kewsma 01900 13151 5.1 Reclaimed Water Transmission Main__ =— The AUTHORITY shall design, permit and construct a reclaimed water transmission main which shall form a system loop from North Atlantic Boulevard to George King Boulevard to Astronaut Boulevard. The transmission main shall constructed as illustrated in Exhibit 2. 5.2 - 'te il' ics. The off-site transmission facilities shall consist of a 12 -inch transmission main with required valves and appurtenances. Such off-site facilities shall become the property of CAPE CANAVERAL as described under Section S. 5.3 Futurr. On -Site Facilities. Initially, the on-site facilities will consist of the reclaimed water transmission and irrigation facilities located in the Port Area. The AUTHORITY may construct additional on-site facilities for the purpose of obtaining reclaimed water from CAPE CANAVERAL during non -peak use periods and to enable the AU'T'HORITY to utilize alternative water sources for irrigation. Such on-site facilities may consist of three (3) days of reclaimed water storage, pumps and associated valves and appurtenances. The on-site system shall include a pressure sustaining valve and a telemetry system compatible with the existing CAPE CANAVERAL telemetry system for the purpose of monitoring the storage tank levels and 3 08/13/97 15:58 $407 839 3790 HARTMAN ASSOC kdjUU5iuu7 , ERAL. On-site facilities shall remain the sol reuse pressures by CAPE CANAVd ex sive property of the AU`THORIT'Y. SFC'TION 6. nF4iGN VIEW CO STR CTTON INSPECTION.CONVE 6.1 Conveyance of off -Site Facilities. The AUTHORITY hereby covenants and agrees to pay for the engineering, permitting, construction and testing of the off-site reclaimed water facilities constructed by the AUTHORITY. The AUTHORITY shall transfer ownership and control of such facilities to CAPE CANAVERAL 6.2 CAPE CL to Ann ove Dzawicifica ns. Tlie AUTHORITY shall prepare engineering drawings and specification of the type and in the form prescribed by CAPE CANAVERAL, showing facilities proposed to be installed to provide service to the Port Area. All such drawings and specifications shall be submitted to CAPE CANAVERAL in a format acceptable to CAPE CANAVERAL. No construction shall commence until the AUTHORITY has approval by CAPE CANAVERAL and the System Consultant for CAPE CANAVERAL. All costs assessed by CAPE CANAVERAL'S System Consultant in this activity shall be reasonable and customary and borne by the AUTHORITY. 6.3 Inspection Ding Cons ction. During the construction of the off-site reclaimed water distribution and transmission facilities by the AUTHORITY, CAPE CANAVERAL'S TH System Consultant shall provide periodic site observation and be present at tests, at the AUTHORITY's expense. The inspections are to determine compliance with the plans and specifications, and adequacy of the quality of the installation. The AUTHORITY, at its expense, shall perform standard tests for pressure, exfiltration, line and grade, and all other normal engineering tests required by specifications and good engineering practice. Complete record drawings on diskette utilizing AutoCAD 13 shall be submitted to CAPE CANAVERAL upon completion of construction in a format acceptable to CAPE CANAVERAL_ 6.4 Facilities. The AUTHORITY shall prepare and submit to CAPE CANAVERAL- a Bill of Sale for the reclaimed water transmission facilities installed by the AUTHORITY. The Bill of Sale shall pass title to CAPE CANAVERAL- of off-site facilities constructed by the AUTHORITY at no cost to CAPE CANAVERAL. Written acceptance by CAPE CANAVERAL shall constitute the assumption of responsibility by CAPE CANAVERAL for the operation and maintenance of such facilities from the date of written acceptance by CAPE CANAVERAL. The AUTHORITY agrees with CAPE CANAVERAL that all reclaimed water facilities conveyed to CAPE CANAVERAL for use in connection with providing reclaimed water service to the Port Area shall at all times remain the complete and exclusive ownership of CAPE CANAVERAL. 4 08/13/97 15:58 $407 809 3790 HARTMAN ASSOC WJoud/UU7 h4,.- 7� 4 SFC'TTO�L2. pgovISION OF SERVICE 9.1 Con ection to CAPE CAN VERAL Reclaimed Water System. Upon the continued accomplishment of all the prerequisites contained in this Agreement to be performed by the AUTHORITY, CAPE CANAVERAL covenants and agrees that it will allow the connection of the reclaimed water transmission facilities installed by the AUTHORITY to the central reclaimed water facilities of CAPE CANAVERAL in accordance with the terms and conditions of this Agreement. Such connection shall be in accordance with all statutes, rules and regulations of CAPE CANAVERAL, the AUTHORITY as well as State and Federal Governments. CAPE CANAVERAL agrees that once it provides reclaimed water capacity to the Port Area, thereafter CAPE CANAVERAL will provide said service in a manner to conform with all requirements of all governmental agencies having jurisdiction of the utility operation of CAPE CANAVERAL. Said service shall be provided at CAPE CANAVERAL's cost and expense. In return, the AUTHORITY will pay for all applicable rates, fees, and charges and comply with the other provisions of this Agreement and applicable laws (including rules and regulations and rate schedules). In no case, shall CAPE CANAVERAL's reclaimed water service to the Port Area be subsidized by CAPE CANAVERAL rate -payers or other rate -payers within CAPE CANAVERAL's utility system. • ► � • . •J_ : Irl 1.�d _ • • :: i �f� 10.1 Force Maier. No party shall be liable or responsible to the other by reason of the failure or inability of that party to take any action it is required to take or to comply with the requirements imposed hereby when such failure or inability is caused by or is the result of a force majeure. The term "force majeure" as employed herein shall mean acts of God; strikes, lock- outs, or other industrial disturbance; acts of public enemies, war, blockades, riots, acts of armed forces, militia, or public authority; epidemics; breakdown of or damage to machinery, pumps, or pipelines; landslides, earthquakes, fires, storms, floods or washouts; arrests, title disputes, or other litigation; governmental restraints of any nature whether federal, state, county, municipal or otherwise, civil or military; civil disturbances; explosions, failure or inability to obtain necessary materials, supplies, labor or permits or governmental approvals whether resulting from or pursuant to existing or future rules, regulations, orders, laws or proclamations whether federal, state, county, municipal or otherwise, civil or military; or by any other causes, whether or not of the same kind as enumerated herein, not within the sole control of either party and which by exercise of due diligence that party is unable to overcome. 10.2 e tv. The AUTHORITY shall indernnify CAPE CANAVERAL and COCOA BEACH, its respective agents and employees, from and against any and all claims, liability, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and fees, including attorneys' fees, for injury (including death) to persons or damage to property or property rights that may arise from or be related to acts, errors, or omissions of the AUTHORITY, its agents, employees, servants, licensees, invitees, or contractors or by any person under the control or direction of the AUTHORITY, or by the AUTHORITY's use of CAPE CANAVERAL's system. CAPE CANAVERAL and COCOA BEACH shall indemnify the AUTHORITY as aforesaid from all liability, claims and all other items above mentioned, 5 08/19/97 15: 59 '`407 839 9790 HARTMAN ASSOC 1VJ uu 1 i uu 1 arising or growing out of or connected with any default, breach, violation or nonperformance by CAPE CANAVERAL or COCOA BEACH or any covcnant, condition, agreement or provision contained in this Agreement concerning all or any part of CAPE CANAVERAL's system. Indemnification shall be limited to the extent permitted in Section 768.28, Florida Statutes (1995)_ 10.3 Disclaimer of Third PaM Beneficiaries. This Agreement is solely for the benefit of and shall be binding upon the formal parties hereto and their respective authorized successors and assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a party to this Agreement or an authorized successor or assignee thereof. SE TION 11. RFC-QEDATION. The parties hereto agree that an executed copy of this Agreement and Exhibits attached hereto shall be recorded in the Public Records of Brevard County, Florida at the expense of the AUTHORITY. 12.1 Default. No party to this Agreement, in the event or act of default by the other shall have all remedies available to it under the laws of the State of Florida including but not limited to injunction to prevent default or specific performance to enforce this Agreement, subject to state law. The rights of the parties shall be considered cumulative and shall not be waived now or in the future by the exercise of any rights and remedies provided under the terms of this Agreement and authorized by law. 13.1 Tem. This Agreement shall continue in full force and effect for a period of years. 13.2Intgriocal Coordijnaf CAPE CANAVERAL, COCOA BEACH and the AUTHORITY agree to designate two (2) staff representatives to form the Joint Advisory Committee. Commencing with the effective date of this Agreement, the Joint Advisory Committee shall schedule meetings quarterly. The Joint Advisory Cornmittee will advise the parties regarding daily operations, short-term and long term planning and coordination of the orderly and responsible provision of reclaimed water service within the Port Area. It is specifically agreed and understood by and between the parties hereto, that the said committee shall make recommendations to the Commission of the AUTHORITY, the Commission of the City of COCOA BEACH and the Commission of the City of CAPE CANAVERAL, which recommendations shall be entitled to great weight in deliberations of the respective bodies relative to reclaimed water service. 6 Meeting Type: Regular Meeting Date: 09-16-97 AGENDA Headmg Discussion Item 13 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SSA Report on Commerce Street Core Samples DEPTJDIVISION: Public Works/Streets Requested Action: City Council review and comment on SSA's report. Summary Explanation & Background: Does City Council wish to proceed with the project? Exhibits Attached: SSA Report & Project Cost Estimate City Manager's Office Department d:\cityman\admin\council\meeting\1997\09-16-97\ssa fee proposal for commerce street.doc i Commerce Street - Paving and Drainage Improvements Preliminary Construction Cost Estimate 10 -Sep -97 DESCRIPTION UNITS QUANTITY UNIT COST TOTAL COST Mobilization LS 1.0 $2,000.00 $2,000.00 Removal of Existing Pavement and Base SY 1500.0 $5.00 $7,500.00 Removal of Existing Curb and Gutter LF 1100.0 $4.00 $4,400.00 ,Excavation CY 1350.0 $4.00 $5,400.00 Fill CY 800.0 $5.00 $4,000.00 Erosion Control LS 1.0 $500.00 $500.00 1 1/2" FDOT Type S -I Asphaltic Conc. SY 1500.0 $3.50 $5,250.00 8" Cemented Coquina Base LBR 100 SY 1500.0 $7.00 $10,500.00 12" Stabilized Subgrade LBR 40 SY 16Q0.0 $2.75 $4,620.00 Geotextile SY 1680.0 $4.00 $6,720:00 Type F Curb LF 1100.0 $7.00 $7,700.00 Type 4 Curb Inlet (Doghouse) EA 1.0 $3,000.00 $3,000.00 Underdrain (w/sock &cleanouts) LF 1100.0 $10.00 $11,000.00 Sodding SY 250.0 $2.75 $688.00 Pavement Markings (4" Thermoplastic) LF 100 $0.35 $35.00 Pavement Markings (24" Thermoplastic) LF 30 $2.00 $60.00 Signage (Relocation) EA 4 _ $150.00 $600.00 Sidewalk (5' wide, 4" thick) SY 225.0 $15.00 $3,375.00 . Subtotal $77,348.00 . 20% Contingency $15,470.00 TOTAL $92,818.00 Note: Cost does not include: maintenance of traffic utility coordination (FPL, Southern Bell, TWC, etc.) and/or relocation (ie water, reuse, sanitary sewer) lighting permit fees removal of unsuitable materials construction stakeout construction administration right of way acquisition landscaping STOTTLER STAGG & ASSOCIATES ARCHITECTS • ENGINEERS • PLANNERS, INC. 8680 North Atlantic Avenue P.O. Box 1630 Cape Canaveral, Florida 32920-1630 407 783 1320 Fax 407 783 7065 POST iBOX 360816 ATLANTIC TESTING LABORATORIES, INC. MELBOUFNE.FFLORIDA 32936--0816 - _ (407) 258.4141 Testing, Soils and Foundation Engineers FAX: 259-4838 Reported to: Stottler-Starmer & Associates Date Reported: 9-08-97 8680 N. Atlantic Avenue Report No 1 (9-118) Cape Canaveral, Florida 32920 Project No: 97-3134-A-1 Sampled by: BS Report of: Profile of Pavement & Subsurface Sampled from: Job Site Date Sampled: 9-05.97 Project: Commerce Street Cape Canaveral, Florida Sample Location Profile 1 50' East of Al A-Centerline in Type II Asphaltic Concrete (Asphalt) 4" Soil Cement Base 5" to 1.5' Light Brown Sand, trace of shell 1.5' to 2.0' Light Gray Sand, trace of shell 2.0' Waterline 2 196' East of A1A-Right Side 1" Asphalt 5" Soil Cement Base 6 to 1.0' Light Brown Sand, trace of clay & shell 1.0' to 2.0' Light Brown Sand, trace of shell 2.0' to 2.5' Olive Gray Sand with little silt 2.0' to 5.0' Olive Gray Sandy Sift Ground Water Table = 3.8' 3 342' East of Al A-Left Side 11/4" Asphalt 41/2" Soil Cement Base 6" to 1.0' Light Brown Sand, trace of shell 1.0' to 2.5' Dark Olive Gray Sandy Silt 2.5' to 3.0' Dark Olive Gray Sandy Sift, trace of shell 3.0' to 5.0' Dark Olive Gray Fine Silty Sand, trace of fine shell fragments Ground Water Table = 3.2' 4 488' East of Al A-Centerline 11/4" Asphalt 53/4" Soil Cement Base 7" to 2.0' Light Brown Sand with trace of shell 2.0' to 3.0' Light Brown Sand & Silt (layered) 3.0' to 4.0' Dark Olive Gray Silt 4.0' to 5.0' Dark Olive Gray Silt with fine shell fragments Ground Water Table = 4.0' /Res�pectfuly submitted, v Peter C. Swarr, P.E. #44159 cc: (2) Client Vice President (1) File 9-08-97 (1) Acct B:\Commerce.PAV As a mutual protection to our clients, the public and ourselves, all reports are submitted as confidential property of the clients, and authorization for publication of statements, conclusions or extracts from or regarding our reports Is reserved subject to our written approval.