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HomeMy WebLinkAboutAgenda Packet 11-15-2016 CAPE CANAVERAL CITY COUNCIL SINE DIE MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA November 15, 2016 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items.Citizens will limit their comments to three(3)minutes.The City Council will not take any action under the"Public Participation"section of the agenda.The Council may schedule items not on the agenda as regular items and act upon them in the future. INTERVIEWS/PRESENTATIONS: Interview new Applicants for possible Appointment to the Business and Economic Development Board. (Patrick Daniels, Mark Derman, Ron Foleno, Leonard Johnson and Mike Moulton) CONSENT AGENDA: 1. Approve Minutes for Regular City Council Meeting of October 18, 2016. 2. Reappoint Council Member Brendan McMillin as the Alternate Voting Delegate to the Space Coast Transportation Planning Organization (SCTPO) Governing Board, representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach. ITEM FOR ACTION: 3. Resolution No. 2016-28; appointing and reappointing Members to the Business & Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability and an effective date. (Omar Capellan, Patrick Daniels, Mark Derman, Ron Foleno, Leonard Johnson, Mike Moulton and C. Shannon Roberts) PUBLIC HEARING: 4. Ordinance No. 04-2016; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016; providing for the repeal of prior inconsistent ordinances and resolutions and providing for an effective date, second reading. City of Cape Canaveral, Florida City Council Meeting November 15, 2016 Page 2 of 2 5. Ordinance No. 05-2016; granting an Economic Development Ad Valorem Tax Exemption to Project Zeus; providing an expiration date for the Exemption; finding that the business meets the requirements of section 196.012(15), Florida Statutes; providing for proof of eligibility for Exemption; providing a requirement for an annual report; providing for the repeal of prior inconsistent ordinances and resolutions; severability and an effective date, second reading. ADJOURNMENT SINE DIE: CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CALL TO ORDER: ROLL CALL: OATHS OF OFFICE: SELECTION OF MAYOR PRO TEM: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items.Citizens will limit their comments to three(3)minutes.The City Council will not take any action under the"Public Participation"section of the agenda.The Council may schedule items not on the agenda as regular items and act upon them in the future. CONSENT AGENDA: 6. Approve the Sole-Source purchase and installation of a De-grit system consisting of a Screw Classifier, Cyclone and Jeta Unit from Ovivo USA, LLC in the amount of $183,534.00 and authorize the City Manager to execute the Contract. 7. Approve the 2017 City Council Regular and Tentative Budget Meeting Schedule. REPORTS: ADJOURNMENT: Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act:all interested parties may attend this Public Meeting.The facility is accessible to the physically handicapped.Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office(868-1220 x220 or x221)48 hours in advance of the meeting. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/15/2016 PRESENTATIONS/INTERVIEWS Subject: Interview new Applicants for possible Appointment to the Business and Economic Development Board. (Patrick Daniels, Mark Derman, Ron Foleno, Leonard Johnson and Mike Moulton) Department: Economic Development Summary: Patrick Daniels, Mark Derman, Ron Foleno, Leonard Johnson and Mike Moulton have each applied to be considered for appointment to the Business and Economic Development Board; all need to be interviewed for the Board. Additionally,the terms for two Board Members,Omar Capellan and C. Shannon Roberts,ended November 1, 2016. Both have been serving on the Board since November 2012 and both have expressed a desire to continue serving on the Board for an additional three year term. The seven-member Board now has four vacancies. Council will interview five individuals that have applied to serve on the Board. Submitting Department Director: Todd Morley Signature Date: 11-7-16 Attachment: Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial John DeLeo Signature Date: 11-4-16 Services Director: John DeLeo The City Manager recommends that City Council take the following action: Interview new Applicants for possible Appointment to the Business and Economic Development Board. (Patrick Daniels, Mark Derman,Ron Foleno, Leonard Johnson and Mike Moulton) Approved by City Manager: David L. Greene Signature Date: 11-7-16 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Patrick J. Daniels 2. Home Address: 425 Buchanan Ave, Unit 301, Cape Canaveral, FL 32920 3. Home and Cellular Telephone: 813-957-2447 4. Occupation: Director, Business Development 5. Business Telephone: 813-957-2447 6. Business Address: 425 Buchanan Ave, Unit 301, Cape Canaveral, FL 32920 7. E-Mail: pjd.daniels@yahoo.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) X (N) 3a. Are you a Business owner: (Y) (N) X 3b, If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Very interested in the economic growth of Cape Canaveral assisting more businesses to succeed + grow 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 4 Board of Adjustment* b. 1 Business and Economic Development Board* c. Code Enforcement Board* d. Community Appearance Board* e. 2 Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board g. Library Board h. 3 Planning and Zoning Board* Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: No Government but served on Executive Staff Corporate - Planning, Budget, Business Development 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee.' 35 Years Corporate Business Development and Building Small Business D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American ✓ Male Asian-American Female Hispanic-American Not Known Native-American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION, YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112,311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion, • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 858-1220 ext. 221. Signature: Patrick Daniels Date: 7-18-16 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Received Please complete the following in the space provided: NOV 02 2016 CCO DZ A. GENERAL 1. Applicant Name: Mark Derman 2. Home Address: 134 Ocean Garden Lane 3. Home and Cellular Telephone: 321.868.1003 4. Occupation: Store Certified Building Contractor / Realtor 5, Business Telephone: 321.868.1003 6. Business Address: PO box 924 Cape Canaveral 32920 7. E-Mail: derman@digital.net B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) ✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) ✓ (N) 3a. Are you a Business owner: (Y) ✓ (N) 3b. If yes to 3a, please list the name: Mark D. Derman Building Contractor, Inc. 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any-plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) ✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) ✓ 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you related to a City of Cape Canaveral Council member byblood, adoption, or marriage? (Y) (N) ✓ 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERI ENCE 1. Briefly state your interest in serving on a City advisory board or committee: Like to help the community 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. 1 Business and Economic Development Board c. Code Enforcement Board* d. Community Appearance Board e. Construction Board of Adjustment and Appeals* f. Culture and Leisure Services Board 9 Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: None 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. 30 years - same company - General Contractor D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American ✓ Male Asian-American Female Hispanic-American Not Known Native-American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321)868-1220 ext. 221. Signature: Mark Derman Date: 11/2/16 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received; 11-2-2016 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 . CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Received Please complete the following in the space provided: NOV 01 2016 A. GENERAL 1. Applicant Name: Ron Foleno 2. Home Address: 10090 So. Tropical trl. Merritt Isl. Fl. 3. Home and Cellular Telephone: 321.615.5149 4. Occupation: Construction - State Cert - Commerical Contractor 5. Business Telephone: 321.242.3148 6. Business Address: 240 West Central Blvd. C.Canaveral. PO Box 410457 Melbourne, FL 32941. 7. E-Mail: TuscanyCommercial@hotmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) ✓ (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) 3a. Are you a Business owner: (Y) ✓ (N) 3b, If yes to 3a, please list the name: Tuscany Inc & FL Comm Developers 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) ✓ 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) ✓ 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) ✓ (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) ✓ 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: Would like to help promote Cape Canaveral Development by involvement with Economic development. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. Board of Adjustment* b. 1 Business and Economic Development Board c. Code Enforcement Board* d. 2 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. 3 Culture and Leisure Services Board g. Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Brevard County Building Advisory Comm. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) Class *A* Commerial Gen Contractor; land developer. Business manager. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American ✓ Male Asian-American Female Hispanic-American Not Known Native-American ✓ Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Ronald Foleno Date: 10.31.2016 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171,Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Received Please complete the following in the space provided: OCT 24 2016 A. GENERAL CCO DZ 1. Applicant Name: Leonard "Lenny" Johnson 2. Home Address: 161 Majestic Bay Ave #303 Cape Canaveral, FL 32920 3. Home and Cellular Telephone: 678-858-2741 4. Occupation: Consultant 5. Business Telephone: 678-735-3922 6. Business Address: 3440 Preston Ridge Drive Alpharetta, GA 30005 7. E-Mail: LennyJohnson64@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? owen & home here for 3 years full time 2/1/2016 (Y) (N) X 3a. Are you a Business owner: (Y) (N) X 3b. If yes to 3a, please list the name: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest) shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent to a standard criminal background check before being appointed to a board or committee. Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a, Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: I have always been involved in community activities served on board of local parks + coached youth sports for 18 years. 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 6 Board of Adjustment* b. 1 Business and Economic Development Board c. 4 Code Enforcement Board* d. 3 Community Appearance Board e. 5 Construction Board of Adjustment and Appeals* f. 7 Culture and Leisure Services Board g. 8 Library Board h. 2 Planning and Zoning Board* Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: Served on local parks & rec board in Lawrenceville, GA. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. Good project management skills. Focus on quality. Expert on Microsoft technologies. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender, and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American X Male Asian-American Female Hispanic-American Not Known Native-American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE,AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Leonard Johnson Date: 10/20/2016 Please retturn to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Please complete the following in the space provided: A. GENERAL 1. Applicant Name: Michael D. Moulton 2. Home Address: 1665 Sandpiper St. 3. Home and Cellular Telephone: 413-663-0555 4. Occupation: Pharmacist / business owner 5. Business Telephone: 321-783-7883 6. Business Address: 8400 Astronaut Boulevard, 32920 7. E-Mail: MikePharmD@gmail.com B. ELIGIBILITY The information provided in this section is for purposes of determining whether you are eligible to serve on a City advisory board or committee. 1. Are you duly registered to vote in Brevard County? (Y) X (N) 2. Have you been a resident of the City of Cape Canaveral for 12 months or longer? (Y) (N) X 3a. Are you a Business owner: (Y) X (N) 3b. If yes to 3a, please list the name: Mike's Pharmacy 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction? Any plea of nolo contendere (no contest)shall be considered a conviction for purposes of this question. (Y) (N) X 4b. If yes to 4a, have your civil rights been restored? (Y) (N) 5a. Do you presently serve on any other City of Cape Canaveral advisory board or committee? (Y) (N) X 5b. If yes to 5a, please list each: Page 1 of 3 6. City ordinance requires that all persons applying for a City advisory board or committee must voluntarily consent MDM to a standard criminal background check before being appointed to a board or committee, Do you voluntarily initials consent to having a standard background check performed on you by the City of Cape Canaveral? (Y) X (N) 7a. Are you related to a City of Cape Canaveral Council member by blood, adoption, or marriage? (Y) (N) X 7b. If yes to 7a, please provide name(s) of person(s) and relationship to you: C. INTERESTS/EXPERIENCE 1. Briefly state your interest in serving on a City advisory board or committee: 4 year business owner/operator of start up Pharmacy 2. In numerical sequence (1 = most interested), please rank which advisory board or committee on which you wish to serve: a. 3 Board of Adjustment* b. 1 Business and Economic Development Board c. 2 Code Enforcement Board' d. 4 Community Appearance Board e. Construction Board of Adjustment and Appeals` f. 5 Culture and Leisure Services Board g. 6 Library Board h. Planning and Zoning Board* i. Other: *Members of these boards are required to complete and file with the supervisor of Elections a Financial Disclosure Form upon appointment to said board and prior to July 1 of each year following the initial appointment while still a member of said board. 3. Briefly state any prior experiences in serving on any governmental board or committee: <1 year on Planning and Zoning - Business requirement would not allow needed time for scheduled meetings. 4. Please list any specialized skills and training (e.g., architect, engineer, general contractor, etc.) that you feel help to qualify you for membership on the desired board or committee. D. STATE REPORTING REQUIREMENTS Section 760.80, Florida Statutes, requires that the City annually submit a report to the Secretary of State disclosing race, gender. and physical disabilities of board and committee members. Please check the appropriate boxes: Page 2 of 3 RACE GENDER African-American X Male Asian-American Female Hispanic-American Not Known Native-American X Caucasian DISABILITY Not Known Physically disabled YOU HEREBY REPRESENT TO THE CITY OF CAPE CANAVERAL, UNDER PENALTY OF PERJURY, THAT THE INFORMATION PROVIDED HEREIN IS TRUE AND ACCURATE TO THE BEST OF YOUR KNOWLEDGE, AND THE CITY OF CAPE CANAVERAL HAS THE RIGHT TO RELY ON THAT INFORMATION. YOU HEREBY ACKNOWLEDGE THE EXISTENCE OF THE CODE OF ETHICS FOR PUBLIC OFFICERS [SECTIONS 112.311-326, FLORIDA STATUTES] AND THE FLORIDA "SUNSHINE LAW" [SECTION 286.011, FLORIDA STATUTES], WHICH MAY PERTAIN TO YOU IF YOU ARE APPOINTED TO A CITY ADVISORY BOARD OR COMMITTEE, AND IF APPOINTED, IT IS YOUR SOLE OBLIGATION AND DUTY TO COMPLY WITH SUCH LAWS. PLEASE NOTE: • Appointment to any City board is subject to City Council approval following a brief interview before the City Council at a regularly scheduled meeting. • Your application will remain effective for one year from date of completion. • If you should have any questions regarding the completion of this application, please contact the City Clerk's Office at (321) 868-1220 ext. 221. Signature: Michael D. Moulton Date: 10/28/16 Please return to: City of Cape Canaveral Office of the City Clerk 105 Polk Avenue Cape Canaveral Florida 32920 For Office Use Only: Date application received: Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Item No. 1 DRAFT CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY October 18, 2016 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:55 P.M. Council Member Brown led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member John Bond Council Member Mike Brown Mayor Bob Hoog Council Member Brendan McMillin Mayor Pro Tem Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Community Engagement Director Joshua Surprenant Public Works Services Director Ralph Lotspeich Brevard County Sheriffs Office Commander Alan Moros Cape Canaveral Volunteer Fire Dept. Chief Dave Sargeant Cape Canaveral Volunteer Fire Dept. Assistant Chief John Cunningham PUBLIC PARTICIPATION: Shannon Roberts commended Florida Power & Light, Bright House Networks, Publix Super Markets, Race Trac and Wendy's remarkable job servicing the community along with first responders for their efforts regarding Hurricane Matthew; she announced a "Meet & Greet" with 2016 Candidates for Cape Canaveral City Council on Saturday, October 29th in the Library Meeting Room from 11 a.m. to 1 p.m. Joyce Hamilton spoke of her experience with regard to past hurricanes and declared Hurricane Matthew being the most well-tended by the City of Cape Canaveral; neighbors helping neighbors, businesses helping businesses; the need to check with Port Canaveral to help people who need places to stay and eat during storms; praised Public Works Services Staff for cleaning up debris the day after and thanked the City for their efforts. City of Cape Canaveral, Florida DRAFT City Council Regular Meeting October 18, 2016 Page 2 of 4 PRESENTATIONS/INTERVIEWS: Presentation honoring Canaveral Fire Rescue personnel for life-saving actions taken during Hurricane Matthew. (Chief Dave Sargeant, Assistant Chief John Cunningham, Captain Derek Yossifon, Firefighters Jeff Crawley and Randy Hoog and Firemedic Randy Penna): Mayor Hoog detailed the events of an accident that took place at Port Canaveral during Hurricane Matthew involving the United States Coast Guard, Canaveral Fire Rescue and Port Canaveral personnel; introduced the individuals being honored and presented a Certificate of Commendation to them for performing life-saving actions. Assistant Fire Chief Cunningham stated the injured patient is expected to make a full recovery. PRESENTATIONS/INTERVIEWS: Interview Applicant for appointment to the Code Enforcement Board. (Paula Collins) City Attorney Garganese asked Ms. Collins if the information on her application was true and correct to which she responded in the affirmative. He inquired if she was comfortable carrying out the duties of the Board with regard to violations and imposing penalties to which she responded in the affirmative. Council Members thanked Ms. Collins for her continued involvement with the City. Interview Applicant for appointment to the Library Board. (Therese Zyhowski) City Attorney Garganese asked Ms. Zyhowski if the information on her application was true and correct to which she responded in the affirmative. She shared her specific background in Libraries and education and her desire to give back to the community. Council Members addressed the applicant and thanked her for volunteering. CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent Agenda. No items were removed. 1. Approve Minutes for Regular City Council Meeting of August 16, 2016 and Special City Council Meeting of September 6, 2016. 2. Resolution No. 2016-18; appointing Members to the Board of Adjustment, Community Appearance Board and Library Board of the City of Cape Canaveral and reappointing Members to the Board of Adjustment, Code Enforcement Board and Culture & Leisure Services Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability and an effective date. (Joseph Tichich,Jalinda Coudriet,Evan Weisfeldt, George Sweetman,James Hale, Gene Petre and Douglas Raymond) 3. Resolution No. 2016-19; authorizing an addendum to the Contract for fire protection and emergency medical services between the City of Cape Canaveral, Florida and the Cape Canaveral Volunteer Fire Department, Inc.; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. 4. Resolution No. 2016-20; authorizing an addendum to the Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of Brevard County; providing for the repeal of prior, inconsistent resolutions, severability and an effective date. City of Cape Canaveral, Florida Draft City Council Regular Meeting October 18, 2016 Page 3 of 4 5. Approve the Preliminary Plat for property located at 350 Monroe Avenue — Cape Park Townhomes. 6. Waive the competitive bidding process for the purpose of extending the term of the existing contract, approve the Ninth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of $47,604 with Black's Spray Service, Inc. and authorize the City Manager to execute same. 7. Approve Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $185,040 with SSS Brevard OPCO LLC, dba Green Leaf Landscaping & Irrigation and authorize the City Manager to execute same. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member Bond, to approve the Consent Agenda. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. PUBLIC HEARING: 8. Ordinance No. 04-2016; adopting amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016; providing for the repeal of prior inconsistent ordinances and resolutions and providing for an effective date, first reading: City Attorney Garganese read the title into the record. The Public Hearing was opened. There being no comment from the public, City Manager Greene provided details regarding: clean-up efforts after Hurricane Matthew; the agreement between the City and Waste Pro, Federal Emergency Management Agency regulations (FEMA), the insurance claims and Florida Municipal Insurance Trust(FMIT),FEMA eligible claims, funding and the anticipated Presidential Declaration to cover individual businesses, homes, commercial and public properties; the initial estimate for damages of private properties is $920,000, public damages will be significant. The Public Hearing was closed. A motion was made by Mayor Pro Tem Walsh, seconded by Council Member McMillin, to adopt Ordinance No. 04-2016. The motion carried 5-0 with voting as follows: Council Member Bond, For; Council Member Brown, For; Mayor Hoog, For; Council Member McMillin, For and Mayor Pro Tem Walsh, For. 9. Ordinance No. 05-2016; granting an Economic Development Ad Valorem Tax Exemption to Project Zeus; providing an expiration date for the Exemption; finding that the business meets the requirements of section 196.012(15), Florida Statutes; providing for proof of eligibility for Exemption; providing a requirement for an annual report; providing for the repeal of prior inconsistent ordinances and resolutions; severability and an effective date, first reading: City Attorney Garganese read the title into the record, provided a brief explanation of the item and stated the blanks in Section 2 will be filled in after the Brevard County Property Appraiser provides data to the City. The Public Hearing was opened. Mary Schmitt, N. Banana River Boulevard, inquired about the Project. City Manager Greene explained what Project Zeus is and how the City of Cape Canaveral, Florida Draft City Council Regular Meeting October 18, 2016 Page 4 of 4 Project will benefit the City and community. The Public Hearing was closed. Discussion ensued and included: how the medical service company will be investing money into the City, bringing hundreds of jobs; it is a non-tourist related business and will bring amazing returns for the City; no impact regarding ad valorem taxes; the hopes for winning the business for the community; the company will have to meet all metrics and projections; and the draft agreement to be prepared by the City Attorney and negotiated by Staff will come to the City Council for approval. A motion was made by Council Member Bond, seconded by Council Member Brown, to adopt Ordinance No. 05-2016. The motion carried 5-0 with voting as follows: Council Member Bond,For; Council Member Brown,For; Mayor Hoog,For; Council Member McMillin,For and Mayor Pro Tem Walsh, For. REPORTS: Council Member McMillin thanked individuals who spoke at the beginning of the Meeting;praised private industry and the City;mentioned some problems with the ships coming in at Port Canaveral and his role as Harbor Pilot. He gave kudos to City Manager Greene and the City regarding Hurricane Matthew. City Manager Greene stated it was a team effort that will have an exceptionally happy ending overall to what could have been a horrible situation. Council Member Brown thanked the first responders, Fire Department and Sheriff's Office. Commander Moros reported two burglars were apprehended during the Storm. Council Member Brown thanked City Manager Greene and Staff for the excellent job done related to the Storm. Council Member Bond stated he was extremely grateful the Storm stayed off-shore and explained he stayed in the City because of neighbors he did not want to leave. He congratulated first responders for their life-saving efforts; and shared the unique opportunity he had being a guardian on the Honor Flight to Washington D.C. for Veterans of World War II and the Korean War. Mayor Pro Tem Walsh thanked everyone for their efforts regarding Hurricane Matthew; noted how the community really came together and how it would be a different story had the Storm moved a little west; commended Commander Moros' efforts to keep City's water on. Mayor Hoog extended sincere thanks to the Fire Department and thanked all of Staff Commander Moros noted that because the Sheriff's Office personnel stayed behind during the Storm, Canaveral Fire Rescue personnel decided to do the same. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:44 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/15/2016 Item No. 2 Subject: Reappoint Council Member Brendan McMillin as the Alternate Voting Delegate to the Space Coast Transportation Planning Organization (SCTPO) Governing Board, representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach. Department: Legislative Summary: The Space Coast Transportation Planning Organization is a metropolitan planning organization established under Sec. 339175, Florida Statutes, to coordinate transportation planning and finance throughout Brevard County. On February 19, 2013, the City of Cape Canaveral and the City of Cocoa Beach extended an Interlocal Agreement, through the year 2022, with the Space Coast Transportation Planning Organization (SCTPO). The Agreement allows each agency to continue sharing a delegate seat on the SCTPO Board as the North Beaches Coalition. The North Beaches Coalition Voting Delegate for 2016 is Cocoa Beach Commissioner Skip Williams and Alternate is Cape Canaveral Council Member Brendan McMillin. As with 2016, 2017 is the City of Cocoa Beach's turn to choose a Voting Delegate and the City of Cape Canaveral turn to choose an Alternate. Council Member Brendan McMillin has expressed interest in remaining as the Alternate Voting Delegate to the SCTPO. J Submitting Department Director: Mia Gofort- Signature Date: 11-3-16 Attachment: None Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 11-3-16 The City Manager recommends that City Council take the following action: Reappoint Council Member Brendan McMillin as the Alternate Voting Delegate to the Space Coast Transportation Planning Organization(SCTPO)Governing Board,representing the North Beaches Coalition of Cape Canaveral and Cocoa Beach. Approved by City Manager: David L. Greene Signature Date: 11-3-16 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/15/2016 Item No. 3 Subject: Resolution No. 2016-28; appointing and reappointing Members to the Business and Economic Development Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability and an effective date. (Omar Capellan, Patrick Daniels, Mark Derman,Ron Foleno, Leonard Johnson, Mike Moulton and C. Shannon Roberts) Department: Legislative Summary: Patrick Daniels, Mark Derman, Ron Foleno, Leonard Johnson and Mike Moulton have each applied to be considered for appointment as Members of the Business and Economic Development Board. Additionally, the terms for two Board Members (Omar Capellan and C. Shannon Roberts) ended November 1, 2016. Serving on the Board since November 2012, both desire to continue serving on the Board for additional three year terms (Attachment 1). The Board has four vacancies; therefore, Council must select four names from the seven individuals to fill the seven-member Board. The four will be appointed by Resolution No. 2016-28 (Attachment 2). The Economic Development Director has summarized Board Duties and Applicant Occupational Experience (Attachment 3). The Board's most recent draft meeting minutes (Attachment 4) indicate Ms. Roberts' disregard for the Code of Conduct established in City Code Sec. 2-172 (Attachment 5). Staff recommends Ms. Roberts not be reappointed. Once four individuals are selected by Council to fill vacancies on the Board,a random draw will choose one of them to serve a two-year term (to end 11-01-2018) and the other three will serve standard three-year terms (to end 11-01-2019), to keep overall Membership staggered, as set forth in section 2-171(f), City Code. It is now incumbent upon the City Council to select four individuals from the seven listed to fill vacancies on the Business and Economic Development Board. Submitting Department Director: Todd Morley Signature Date: 11-8-16 Attachments: (1) Expiration Notices (2) Resolution No. 2016-28 (3) Board Duties and Applicant occupational experience (4) October 12, 2016 Business and Economic Development Board Draft Meeting Minutes (5) Sec. 2-172—Code of Conduct Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 11-8-16 The City Manager recommends that City Council take the following action: Select four Applicants and/or Re-applying Board Members to fill vacancies on the Business and Economic Development Board and adopt Resolution No. 2016-28 with those names inserted. Approved by City Manager: David L. Greene Signature Date: 11-8-16 Attachment 1 SEAL City of Cape Canaveral October 27, 2016 Dr. C. Shannon Roberts 703 Solana Shores Dr.,#501 Cape Canaveral,FL 32920 Dear Dr. Roberts: Your term on the Business & Economic Development Board will expire on November 1, 2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3- year term and return this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped, self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for November 15, 2016. (your presence at which is not required). ✓ I DO wish to be considered for reappointment. I DO NOT wish to be considered for reappointment. (Signature) DR.C. SHANNON ROBERTS,Board Member Sincerely, (Signature) Mia Goforth City Clerk Enel: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • FAX: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org City of Cape Canaveral October 27, 2016 Omar A. Capellan 8501 Astronaut Blvd St 5-315 Cape Canaveral,FL 32920 Dear Mr. Capellan: Your term on the Business & Economic Development Board will expire on November 1, 2016. Please check the box that indicates your desire to serve or not continue to serve on the Board for a 3- year term and return this Notice to your Board Secretary or the City Clerk's Office using the enclosed stamped, self-addressed envelope. If you choose to continue serving, a Resolution for your reappointment to the Board will appear on the City Council Meeting Agenda scheduled for November 15, 2016. (your presence at which is not required). ✓ I DO wish to be considered for reappointment. I DO NOT wish to be considered for reappointment. (Signature) Omar A. Capellan, Chairperson Sincerely, (Signature) Mia Goforth City Clerk Enel: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • FAX: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org Attachment 2 RESOLUTION NO. 2016-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING AND REAPPOINTING MEMBERS TO THE BUSINESS AND ECONOMIC DEVELOPMENT BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 22-33 established a Board known as the Business and Economic Development Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to appoint and reappoint Members to the Business and Economic Development Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointments to the Business and Economic Development Board pursuant to Section 2-171(e) of the Cape Canaveral City Code,the City Council of the City of Cape Canaveral hereby appoints the following individuals: shall be appointed, to serve until November 1, 201_. Following the completion of their first terms, these appointees shall be eligible for reappointment to the Board for one additional term, consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Reappointments to the Business and Economic Development Board pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals: shall be reappointed, to serve until November 1, 201 . Following completion of their second terms,these appointees may be eligible for reappointment to the Board for additional terms, if no other qualified applicants submit applications seeking appointment, consistent with the limitations set forth in section 2-171(f), City Code. Section 4. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Resolution No. 2016-28 Page 1 of 2 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 15th day of November, 2016. Bob Hoog,Mayor ATTEST: Name FOR AGAINST John Bond Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2016-28 Page 2 of 2 Business and Economic Development Board- Duties and Applicants Attachment 3 City Code Sec. 22-33. -Purpose and duties (condensed): • Economic and business development policies • Development of commerce • Identification of barriers to economic development for desired businesses • Creation of economic incentives • Act as liaisons • Determine from enterprises contemplating locating in the city the action the city should take • Advise of new commercial activity • Cooperate with all community groups • Encourage the development of business in the city • Investigate sources of financial assistance • Review ad valorem tax exemptions Applicant Information Name Sunbiz status Business Occupational experience Owner in City? Capellan, Mgr., Realtor/Owner, Semper Credere, Yes (8501 Realtor/Owner, Semper Credere, LLC, Cape Canaveral Omar LLC, Cape Canaveral - Active Astronaut Blvd.) Daniels, Director, Sand Dunes Oceanfront No Southeast Regional Sales Director, CompuCom ($2B IT Patrick Condominium Association, Inc. - Active company) Derman, R.A. & Pres., Mark D. Derman Building Yes Contractor/Owner, Mark D. Derman Building Contractor, Inc. Mark Contractor, Inc. - Active (134 Ocean Cape Canaveral Garden Ln.) Home Inspector, Cape Canaveral Realtor at Surfside Properties & Mgmt., Rockledge Foleno, Contractor/Owner, Tuscany Inc. & FL No Contractor/Owner, Tuscany Inc. & FL Commercial Developers Ron Commercial Developers LLC. LLC. Melbourne Melbourne - Active Johnson, Treasurer, Majestic Bay Condominium No IT Consultant—Microsoft Leonard Association, of Brevard, Inc. - Active Moulton, R.A. & Mgr., M. D. Moulton, LLC - Yes (8400 Pharmacist/Owner, Mike's Pharmacy, Cape Canaveral Mike Active Astronaut Blvd.) Roberts, Pres/Sec. Cape Canaveral —Port No Realtor Surfside Property Mgmt., Rockledge Shannon Canaveral Kiwanis Foundation, Inc. FL Not For Profit Corporation - Inactive Attachment 4 BUSINESS & ECONOMIC DEVELOPMENT BOARD DRAFT MEETING MINUTES October 12,2016 A Meeting of the Business&Economic Development Board was held on October 12,2016,at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. Chairperson Omar Capellan called the meeting to order at 3:10 pm due to recording difficulties. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT Omar Capellan Chairperson James Massoni Vice Chairperson Shannon Roberts Melanie Evans MEMBERS ABSENT Andrew Serafin OTHERS PRESENT Todd Morley Economic Development Director David Dickey Community Development Director Patsy Huffman Board Secretary NEW BUSINESS: See handwritten notes for beginning of meeting due to recording issues (3:10 pm—3:23 pm) Board Member Roberts challenged the validity of the approved meeting minutes from September 23, 2014. Motion by Vice chairperson Massoni, seconded by Chairperson Capellan to re-certify the Meeting Minutes of September 23, 014,as presented.The motion carried 3-1 with voting as follows: Board Member Evans, For; Vice Chairperson Massoni, For; Chairperson Capellan, for and Board Member Roberts, Against. 1. Recommendation to City Council for an Ad Valorem Tax Abatement Incentive — Project Zeus. Project Zeus is a medical services and management company considering relocation of its corporate offices from Reston,Virginia to an existing 63,000+SF building at 8600 Astronaut Blvd. The company currently employs approximately 300 people in the City of Cape Canaveral and plans to create 150 new jobs over 3 years with an average wage of$66,000 and invest$4,500,000 in new capital expenditures. Business & Economic Development Board Meeting Minutes October 12,2016 Staff explained the criteria for EDC scoring and how the AVT Council came to its recommendation. Board requested clarification of the timeline and process when EDC was presented a proposal, when State QTI became involved and subsequent BED Board Meeting. Motion by Board Member Roberts, seconded by Board Member Evans to approve recommendation for an Ad Valorem Tax Abatement incentive for 10 years at 100%. Vote on the motion carried unanimously. REPORTS AND OPEN DISCUSSION: Open discussion included Board Member Roberts questioning the actions recommended at the last meeting and her desire for the Board to meet more frequently. Staff indicated the Board was established to meet as needed and the need is no longer as great; the Board was created at a time when the City did not have a full-time Economic Development Staff member,which is now 100% fully staffed;there is now a reduced workload for the Board. Board Member Roberts reiterated her desire for the Board to meet more frequently. Board discussion indicated majority did not agree there was a need to meet more frequently. Staff pointed out that the majority of the Board was not in support and discussed City Code Section 2- 172, which established a Code of Conduct that applied to all Board Members. Specifically cited was Sec. 2-172(o),which required Board Members to accept the will of the majority. Board Member Roberts expressed displeasure with the role of the Board as it relates to the list of actionable items in the governing ordinance; requested Board agree to have City Council review the role of the Board and amend the Code as necessary. All other members disagreed. Staff again pointed out the Code of Conduct, specifically cited in Sec. 2-172(o), required Board Members to accept the will of the majority. Discussion ensued to include Board Member Roberts' critical comments regarding length of time she met with Staff at a previous meeting. Staff indicated support of the Board Member's liaison roles in the Community. Board Member Roberts stressed her recommendation to modify/update the Code regarding duties and meeting schedules. Chairperson Capellan disagreed with this recommendation (as did the majority). Board Member Roberts spoke of the need to fill current Board vacancies to include business members in the community;she voiced displeasure with the Chairperson's leadership and desire to have him replaced; other Members did not agree. ACTION ITEM: None. 2 Business & Economic Development Board Meeting Minutes October 12, 2016 ADJOURNMENT: Motion by Chairperson Capellan, seconded by Vice Chairperson Massoni to adjourn the meeting at 4:00 pm. The motion carried 3-1 with voting as follows: Board Member Evans, For; Vice Chairperson Massoni, For; Chairperson Capellan, For and Board Member Roberts abstained from voting. Approved on this day of , 2016. Omar Capellan,Chairperson Patsy Huffman, Board Secretary 3 Cape Canaveral, FL Code of Ordinances Page 1 of 3 Attachment 5 Sec. 2-172. - Code of conduct. In addition to adhering to the requirements of state law, any person appointed to serve as a member of a city board or committee shall commit to the following code of conduct by written affirmation, which shall remain on file with the city clerk, as follows: (a) I affirm that the proper statutory and City Charter role of members of appointed city boards and committees, as with any member of an appointed government body, is to act collectively, not individually, to apply the city's governing policies, and that the city manager and staff administer such policies. (b) I understand that an appointed board or committee member does not manage the affairs of the city. I will not intrude into daily operations or spheres of responsibility designated by Florida Statutes, City Code, and City Charter to the city manager as the chief executive officer; or undermine the city manager's lawful authority. Further, I understand that the city manager is responsible for administering the policy direction established by a majority vote of the city council and not the individual wishes of board or committee members. (c) I will represent the interests of the entire city when making decisions and will rely upon available facts and my independent judgment. In my capacity as an appointed board or committee member, I will avoid conflicts of interest and avoid using my official position for personal, professional, or partisan gain. (d) I will demonstrate dignity, respect, and courtesy toward those whom I am in contact with in my capacity as an appointed board or committee member. I will refrain from intimidation and ridicule of fellow board or committee members, city council members, city manager, city attorney, staff, citizens of the city, and city utility customers. (e) In my capacity as an appointed board or committee member, I will refrain from inappropriate language including statements that are malicious, threatening, slanderous, disparaging, mean-spirited, vulgar or abusive. All disagreements, concerns or criticisms shall be framed in language that is in keeping with the dignity and professionalism of an appointed official and the honor of my respective city board or committee. (f) I will focus on solving problems. I will maintain appropriate decorum and professional demeanor in the conduct of city business and work cooperatively and conscientiously with others as I request or receive information, examine data or weigh alternatives in the decision-making process. (g) about:blank 11/7/2016 Cape Canaveral, FL Code of Ordinances Page 2 of 3 I will demonstrate patience and refrain from demanding, interruptive access to staff or immediate responses or services when requesting information that requires significant staff time in research, preparation or analysis or that will result in staff neglect of urgent duties. Such requests will be made through the city manager for scheduling and prioritizing through consensus of my respective city board or committee. (h) I will devote adequate time for preparation prior to my respective city board or committee meetings and as much as possible, I will be in attendance at such meetings and all other scheduled events where my participation is required. (i) I will respect diversity and encourage the open expression of divergent ideas and opinions from fellow board or committee members, city council members, city manager, city attorney, staff, citizens of Cape Canaveral, and city utility customers. I will listen actively and objectively to others' concerns or constructive criticisms. (j) I will refrain from any individual action that could compromise lawfully authorized decisions of the city or the integrity of the city and my fellow board or committee members. I will delineate clearly for any audience whether I am acting or speaking as an individual citizen or in my capacity as a city board or committee member. (k) I will maintain the confidentiality of privileged information and will abide by all laws of the state applicable to my conduct as a board or committee member, including but not limited to the Government in the Sunshine Law, the Florida Code of Ethics for Public Officers, and city rules of procedure and codes of conduct. (I) I will promote constructive relations in a positive climate with all members of the city council, city employees, city attorney, and city contractors and consultants consistent with my role as a board or committee member, as a means to enhance the productivity and morale of the city. I will support the city manager's decision to employ the most qualified persons for staff positions. I will recognize the bona fide achievements of the city council, city manager, staff, city attorney, city contractors and consultants, business partners, and others sharing in, and striving to achieve, the city's mission. (m) I will enhance my knowledge and ability to contribute value to the city as a board or committee member by keeping abreast of issues and trends that could affect the city through reading, continuing education and training. I will study policies and issues affecting the city, and will attend training programs if required by the city. My continuing goal will be to improve my performance as a board or committee member. (n) about:blank 11/7/2016 Cape Canaveral, FL Code of Ordinances Page 3 of 3 I will value and assist my fellow board or committee members by exchanging ideas, concerns, and knowledge through lawful means of communication. I will help build positive community support for the city's mission and the policies established by the city council. (o) I will support and advocate for my beliefs, but will remain open to understanding the views of others. I recognize that I share in the responsibility for all city decisions that my respective board makes and will accept the will of the majority. (p) As a board or committee member, I will always hold the best interests of the citizens of the city and the public health, safety and welfare of the community in the highest regard. I will seek to provide appropriate leadership that nurtures and motivates city citizens to be stakeholders in the affairs and achievements of the city. (q) I will be accountable to the city council for violations of this code of conduct. (Ord. No. 13-2011, § 2, 12-20-11) about:blank 11/7/2016 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/15/2016 Item No. 4 Subject: Ordinance No. 04-2016; adopting amendments to the Annual General Fund, Special Revenue Funds,Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets for the Fiscal Year beginning October 1, 2015, and ending September 30, 2016; providing for the repeal of prior inconsistent ordinances and resolutions and providing for an effective date, second reading. Department: Administrative Services Summary: Each year, the Adopted Budget requires amendments. Ordinance No. 04-2016 (Attachment #1) is presented for adoption. Exhibit "A" to the Ordinance details the revenues and expenditures pertaining to the Starting Budget, Budget Transfers, Year-End Budget Adjustments and concludes with the 2016 Ending Budget. The revenues and expenditures have been adjusted to reflect what we believe to be the final Budget. This allows you to see revenue that has exceeded estimates or was under-realized. On the expenditures, it allows you to see where money was saved or in some cases where projects were budgeted, but for some reason not completed (such as North Atlantic Avenue Improvements Project and the New City Hall Project), which have been re-budgeted for FY 2016/17. Attachment #2 shows a complete Budget Adjustment Detail sequentially numbered by Account/Department. As with past years, the Comprehensive Annual Financial Report (CAFR) will provide the actual expenditures for this budget year. Final adjustments and updates have been completed since the first reading at the City Council Meeting on October 18, 2016. It is anticipated that the FY 15/16 Estimated Ending Fund Balances as compared to the Budget are as follows: General Fund $200,000 Special Revenue Fund $500 Capital Projects Fund $514,000 Wastewater Enterprise Fund $122,000 Stormwater Enterprise Fund $92,500 Ordinance No. 04-2016 was approved on October 18, 2016. The Notice of Public Hearing was advertised in Florida Today on October 27, 2016. Director: John DeLeo Signature Date: 11-2-16 Submitting Department Attachments: #I- Ordinance No. 04-2016 with Exhibit "A" and #2-Budget Adjustment Detail Financial Impact: No additional financial impact is experienced through the formal adoption of the Budget Adjustments & Amendments. However,the financial impact of each Adjustment or Amendment is recorded at the face value of the Amendment. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 11-2-16 The City Manager recommends that City Council ke the following action: Adopt Ordinance No. 04-2016, second reading. Approved by City Manager: David L. Greene Signature Date: 11/2/16 Attachment 1 ORDINANCE NO. 04-2016 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING AMENDMENTS TO THE ANNUAL GENERAL FUND, SPECIAL REVENUE FUNDS, AGENCY FUND, CAPITAL PROJECT FUNDS, ENTERPRISE FUNDS AND ENTERPRISE CAPITAL FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2015,AND ENDING SEPTEMBER 30,2016; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Amendments to the Annual General Fund, Special Revenue Funds, Agency Fund, Capital Project Funds, Enterprise Funds and Enterprise Capital Fund Budgets are attached hereto as Exhibit "A" and made a part hereof, of the City of Cape Canaveral, Florida for the fiscal year beginning October 1, 2015, and ending September 30,2016, are hereby approved and adopted. SECTION 2. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 15th day November, 2016. Bob Hoog, Mayor ATTEST: FOR AGAINST John Bond Mia Goforth, CMC, City Clerk Mike Brown Robert Hoog Brendan McMillin Approved as to form: Betty Walsh Anthony A. Garganese, City Attorney First Reading: 10/18/2016 Legal Ad Published: 10/27/2016 Second Reading: 11/15/2016 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2016 FY 2015-2016 GENERAL FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 3,041,395 $ - $ (1,383,336) $ 1,658,059 Cash Forward-Trans Impact Fees - - - - Cash Forward-R&R 500,900 - (405,266) 95,634 Ad Valorem Taxes 3,292,961 - (3,422) 3,289,539 Local Option Gas Tax 319,451 - 16,326 335,777 Franchise Fees 790,680 - (19,614) 771,066 Utility Taxes 1,157,543 - 22,899 1,180,442 Communications Service Tax 472,377 - (31,064) 441,313 Permits& Licenses 239,052 - (3,084) 235,968 Impact Fees 62,434 - 472,198 534,632 State Grants 215,538 - (16,371) 199,167 State Shared Revenue 828,573 - 11,121 839,694 Local Shared Revenue 128,000 - - 128,000 Charges for Services 30,164 - 7,628 37,792 Garbage& Recycling Revenue 1,050,100 - 10,887 1,060,987 Recreation Fees 64,960 - (4,031) 60,929 Fines& Forfeitures 76,600 - (48,588) 28,012 Interest Income 63,096 - 3,160 66,256 Fire Hydrant Rental Fee 61,913 - 1,201 63,114 Miscellaneous Revenue 152,080 - (64,710) 87,370 Transfer from Fund Aerial Protection Fund 25,000 - - 25,000 Transfer from School Guard Crossing Fund 1,458 - - 1,458 Transfer from CC Redevelopment Fund 11,133 - - 11,133 Contribution from Wastewater Fund 797,688 - - 797,688 Contribution from Stormwater Fund 19,566 - - 19,566 TOTAL REVENUES $ 13,402,662 $ - $ (1,434,066) $ 11,968,596 EXPENDITURE Legislative $ 41,550 $ - $ (10,355) $ 31,195 Administrative Services 409,039 - (22,379) 386,660 Community Development 185,023 15,000 (27,527) 172,496 Protective Services 2,649,476 - (4,116) 2,645,360 Fire 1 Rescue Services 2,206,223 - (17,139) 2,189,084 Building&Code Enforcement 354,224 14,532 (24,256) 344,500 Infrastructure Maintenance 1,339,491 61,769 (541,168) 860,092 Economic Development 151,382 23,000 (36,895) 137,487 Leisure Services 1,090,261 - (6,677) 1,083,584 Community Engagement - - 9,099 9,099 Legal Services 165,025 15,000 7,606 I87,631 Solid Waste 1,051,000 - 8,367 1,059,367 Debt Service 605,237 - - 605,237 Non-Departmental 550,549 - (155,111) 395,438 Transfer to Community Redevelopment Agency - - - - Transfer to Capital Construction Fund 2,300,000 - (641,941) 1,658,059 Transfer to Wastewater Enterprise Fund - - - - Transfer to N Atlantic Ave Improvement Fund - - - - Contingency 304,182 (129,301) 28,426 203,307 TOTAL EXPENDITURES $ 13,402,662 $ - $ (1,434,066) $ 11,968,596 Excess of Revenues Over/(Under)Expenditures $ - Page 1 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2016 FY 2015-2016 POLICE EDUCATION FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Police Education Income $ 804 S - $ 327 $ 1,131 Interest Income 138 - 50 189 TOTAL REVENUES $ 942 5 - $ 377 $ 1,319 EXPENDITURE Education&Training S - $ - $ - $ - Contingency 942 - 377 1,319 TOTAL EXPENDITURES S 942 S - S 377 $ 1,319 Excess of Revenues Over /(Under) Expenditures S - FIRE PROTECTION FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward R&R $ 15,289 $ - $ (153) $ 15,136 Interest Income 396 - (243) 153 Impact Fees 9,711 - - 9,711 Net Increase(decrease)in FMV - _ - - - TOTAL REVENUES $ 25,396 $ - $ (396) $ 25,000 EXPENDITURE Transfer to GF $ 25,000 $ - $ - $ 25,000 Contingency 396 - (396) - TOTAL EXPENDITURES $ 25,396 $ - $ (396) $ 25,000 Excess of Revenues Over/(Under)Expenditures $ - SCHOOL CROSSING GUARD FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - $ - $ 856 $ 856 Parking Fine Surcharge 1,100 - (553) 547 Interest Income 59 - (4) 55 TOTAL REVENUES $ 1,159 $ - $ 299 S 1,458 EXPENDITURE Transfer to General Fund $ 1,159 $ - $ 299 $ 1,458 Contingency - - - - TOTAL EXPENDITURES $ 1,159 $ - $ 299 S 1,458 Excess of Revenues Over/(Under)Expenditures $ - Page 2of7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2016 FY 2015-2016 LIBRARY FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Ad Valorem Taxes $ 58,891 $ - $ 996 $ 59,887 Ad Valorem Tax Delinquent 100 - (26) 74 Tax Penalty Income 25 - 43 68 Interest Income 4,914 - (93) 4,821 Interest-Library Impact Fees - - - - Interest-Tax Collections - - 112 112 Net Increase(decrease)in FMV - - - - Impact Fees-Library 12,245 - 400 12,645 Transfer from Capital Construction Fund - - - - TOTAL REVENUES S 76,175 $ - $ 1,432 $ 77,607 EXPENDITURE Operating Expenses $ 34,350 $ - $ (2,053) $ 32,297 Capital Purchases 34,000 - (3,916) 30,084 Contingency 7,825 - 7,401 15,226 TOTAL EXPENDITURES $ 76,175 $ - $ 1,432 $ 77,607 Excess of Revenues Over/(Under)Expenditures $ - CAPE CANAVERAL COMMUNITY REDEVELOPMENT AGENCY FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - $ - $ 76,426 $ 76,426 Shared Revenue from Cape Canaveral 113,353 - 5,111 118,464 Shared Revenue from Brevard County 148,209 - 6,683 154,892 Interest Income 501 - (501) - Net Increase(decrease)in FMV - - - - Transfer from General Fund - - - - _ TOTAL REVENUES $ 262,063 $ - $ 87,719 $ 349,782 EXPENDITURE Operating Expenses $ 8,739 $ - $ (2,029) $ 6,710 Capital Purchases 140,000 18,500 121,116 279,616 Debt Service 63,456 - - 63,456 Transfer to N.Atlantic Ave.Imp.Fund - - - - Contingency 49,868 (18,500) (31,368) - TOTAL EXPENDITURES $ 262,063 $ - $ 87,719 $ 349,782 Excess of Revenues Over/(Under) Expenditures $ - Page 3 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2016 FY 2015-2016 LAW ENFORCEMENT TRUST FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 3,484 $ - $ (1,838) $ 1,646 Interest-State 86 - (32) 54 Contraband Income - - 1,784 1,784 Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 3,570 $ - $ (86) $ 3,484 EXPENDITURE School Resource Officer $ 3,484 $ - $ - $ 3,484 Contingency 86 - (86) - TOTAL EXPENDITURES $ 3,570 $ - $ (86) $ 3,484 Excess of Revenues Over/(Under)Expenditures $ - Page 4 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2016 FY 2015-2016 CAPITAL CONSTRUCTION FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward-General Government $ 202,700 $ - $ (202,700) $ - Cash Forward-Fire/Rescue - - - - Cash Forward-Protective Services - - - - Cash Forward-Leisure Services - - - - Cash Forward-Library - - - - Interest-General Government 2,000 - (2,000) - Interest-Fire/Rescue 540 - (540) - Net Increase(decrease)in FMV - - - - Transfer from General Fund 2,300,000 - (641,941) 1,658,059 Cap.Expansion Fees-General Government - - - - Cap.Expansion Fees-Fire/Rescue - - - - TOTAL REVENUES $ 2,505,240 $ - $ (347,181) $ 1,658,059 EXPENDITURE Capital-General Government $ 2,500,000 $ - $ (1,356,598) $ 1,143,402 Capital-Fire/Rescue - - - - Transfer to General Fund - - - - Transfer to Library Fund - - - - Contingency-General Government 5,240 - 509,417 514,657 Contingency-Fire/Rescue - - - - TOTAL EXPENDITURES $ 2,505,240 $ - $ (847,181) $ 1,658,059 Excess of Revenues Over/(Under) Expenditures $ - N. ATLANTIC AVE. IMPROVEMENT FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ - $ - $ 954,179 $ 954,179 FDOT/Unobligated Reserves 1,944,821 - (579,418) 1,365,403 Interest-TIFT Funds - - 5,955 5,955 Net Increase(decrease)in FMV - - - - Transfer from GF-TIFT&SPIA - - - - Transfer from CC Redevelopmnt Agency - - - - TOTAL REVENUES $ 1,944,821 $ - $ 380,716 $ 2,325,537 EXPENDITURE Capital Purchases $ 1,944,821 $ - $ 380,716 $ 2,325,537 Contingency - - - - Capital/Wayfinding/Artwork - - - - TOTAL EXPENDITURES $ 1,944,821 $ - $ 380,716 $ 2,325,537 Excess of Revenues Over/(Under) Expenditures $ - Page 5 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2016 FY 2015-2016 WASTEWATER ENTERPRISE FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 925,210 $ (643,633) $ (281,577) $ - St.John's RWMD Grant - 643,633 43,446 687,079 Utility Operating Income 3,718,755 - 59,748 3,778,503 Utility Penalty Income 54,742 - 5,344 60,086 Impact Fees 85,986 - 91,934 177,920 Reuse Hook-Up Fees 2,925 - (30) 2,895 Reclaimed Water Revenue 73,206 - 6,898 80,104 Investment Income 6,600 - 3,363 9,963 Sale of Fixed Assets 15,000 - (17,710) (2,710) Miscellaneous Income - - - - Transfer from CC CRA Fund 52,323 - - 52,323 SRF Loan Proceeds 4,653,175 - (2,648,814) 2,004,361 Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 9,587,922 S - $ (2,737,398) $ 6,850,524 EXPENDITURE Personal Services $ 1,286,662 $ - $ (182,622) S 1,104,040 Operating Expenses 1,000,812 30,000 (265,966) 764,846 Debt Service 218,994 - (1,168) 217,826 Contribution to General Fund 797,688 - - 797,688 Transfer to Enterprise Capital Fund 5,618,385 - (1,774,666) 3,843,719 Contingency 665,381 (30,000) (512,976) 122,405 TOTAL EXPENSES $ 9,587,922 $ - $ (2,737,398) $ 6,850,524 Excess of Revenues Over/(Under)Expenses $ - Page 6 of 7 Exhibit "A" Year End Budget Adjustments For Fiscal Year Ending September 30,2016 FY 2015-2016 STORMWATER ENTERPRISE FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Cash Forward $ 160,500 $ - $ (160,500) $ - DEP Grant 589,262 - 281,741 $ 871,003 Stormwater Utility Fees 582,000 - 331 $ 582,331 Investment Income 6,600 - 207 $ 6,807 Sale of Fixed Asset - - 97 $ 97 SRF Loan Proceeds 504,238 - (504,238) $ - Net Increase(decrease)in FMV - - - - TOTAL REVENUES $ 1,842,600 $ - $ (382,362) $ 1,460,238 EXPENDITURE Personal Services $ 220,172 $ - $ 27,336 $ 247,508 Operating Expenses 234,314 - (83,635) 150,679 Contribution to General Fund 19,566 - - 19,566 Transfer to Enterprise Capital Fund 1,254,000 - (304,078) 949,922 Contingency 114,548 - (21,985) 92,563 TOTAL EXPENSES $ 1,842,600 $ - $ (382,362) $ 1,460,238 Excess of Revenues Over/(Under)Expenses $ - ENTERPRISE CAPITAL FUND FY 2016 FY 2016 FY 2016 FY 2016 STARTING BUDGET YR END BUDGET ENDING BUDGET TRANSFERS ADJUSTMENTS BUDGET REVENUE Transfer from Wastewater Fund $ 5,578,385 $ - $ (1,734,666) $ 3,843,719 Transfer from Stormwater Fund 1,254,000 - (304,078) 949,922 SRF Loan Proceeds - - - - TOTAL REVENUES $ 6,832,385 $ - $ (2,038,744) $ 4,793,641 EXPENDITURE Capital-Wastewater $ 5,578,385 $ - $ (1,734,666) $ 3,843,719 Capital-Stormwater 1,254,000 - (304,078) 949,922 Contingency-Wastewater - - - - Contingency-Stormwater - - - - TOTAL EXPENSES $ 6,832,385 $ - $ (2,038,744) $ 4,793,641 Excess of Revenues Over/(Under) Expenses $ - Page 7 of 7 General Ledger Attachment 2 City of Budget Adjustment Summary Cape Canaveral [Seal] Account Number Beginning Budget Amount Current Budget General Fund 001-007-541-432000 Street Lights 60,450.00 -8,000.00 52,450.00 001-007-541-462000 Equipment Maintenance 15,050.00 8,000.00 23,050.00 001-007-541-520000 Operating Supplies 15,400.00 -2,000.00 13,400.00 001-007-541-525000 Small Tools 6,200.00 2,000.00 8,200.00 001-007-541-530000 Street Repairs 14,450.00 14,000.00 28,450.00 001-011-572-640001 Capital-Machinery&Equip-R&R 0.00 4,000.00 4,000.00 001-015-519-710000 Principal-Revenue Note 2014 0.00 509,000.00 509,000.00 001-015-519-720000 Interest-Revenue Note 2014 0.00 104,385.00 104,385.00 001-017-901-480001 Promotional Activity-Website 1,800.00 13,245.00 15,045.00 001-017-901-710000 Principal-Rev.Note 2014 509,000.00 -509,000.00 0.00 001-017-901-720000 Interest-Rev.Note 2014 104,385.00 -104,385.00 0.00 001-017-901-990000 Contingency 561,248.00 -31,245.00 530,003.00 106-016-559-630001 Capital-Branding Initiative 12,500.00 3,810.00 16,310.00 106-016-559-630002 Mobility/Striping Project 0.00 14,795.00 14,795.00 106-016-559-630003 Oak Lane Improvements 0.00 95,089.00 95,089.00 106-016-581-910304 Transfer to N.Atl.Ave Imp Fund 113,694.00 -113,694.00 0.00 401-010-535-431000 Sludge Disposal Fees 73,000.00 16,000.00 89,000.00 401-010-535-461000 Building&Grounds Maintenance 7,750.00 7,000.00 14,750.00 401-010-535-520001 Safety Supplies 7,400.00 10,500.00 17,900.00 401-010-535-526000 Lab Supplies 33,500.00 5,000.00 38,500.00 401-010-535-990000 Contingency 116,747.00 -38,500.00 78,247.00 403-018-538-990000 Contingency 130,826.00 -4,778.00 126,048.00 403-018-581-910405 Transfer to Ent.Capital Fund 677,250.00 4,778.00 682,028.00 405-000-381-381403 Transfer from Stormwater Fund 677,250.00 4,778.00 682,028.00 405-010-535-623002 Sludge Belt Press Refurbishmen 898,650.00 -898,650.00 0.00 405-010-535-631008 Bleach System Upgrades 24,500.00 5,000.00 29,500.00 405-010-535-632006 Piemmount Mixer Replacements 0.00 9,000.00 9,000.00 405-010-535-632008 Lift Station Pump Replacements 25,000.00 -7,500.00 17,500.00 405-010-535-641002 RAS Pump Motor Replacements 15,500.00 -14,000.00 1,500.00 405-010-535-641003 Wastewater Sampler Replacement 0.00 7,500.00 7,500.00 405-010-535-641009 Internal Recycle Pump Replacem 15,000.00 15,000.00 30,000.00 405-010-535-641010 Transfer Basin Pump Replacemen 15,000.00 -15,000.00 0.00 405-010-535-643012 Reclaimed Water Tank 2,220,650.00 898,650.00 3,119,300.00 405-018-538-631002 Revise Stormwater Master Plan 0.00 4,778.00 4,778.00 405-018-538-633003 W.Central Blvd.Pipe Replacemnt 211,400.00 40,000.00 251,400.00 405-018-538-633004 South Central Ditch Dredging 151,300.00 -40,000.00 111,300.00 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/15/2016 Item No. 5 Subject: Ordinance No. 05-2016; granting an Economic Development Ad Valorem Tax Exemption to Project Zeus; providing an expiration date for the Exemption; finding that the business meets the requirements of section 196.012(15), Florida Statutes;providing for proof of eligibility for Exemption;providing a requirement for an annual report; providing for the repeal of prior inconsistent ordinances and resolutions; severability and an effective date, second reading. Department: Economic Development Summary: Project Zeus is the Project name of a medical services and management company considering relocation of its corporate offices from Reston, Virginia to an existing 63,000+ SF building at 8600 Astronaut Blvd. On November 4th, the company verified their actual employment level is 250 in the City of Cape Canaveral. They plan to create 150 new jobs over 3 years with an average wage of$66,000 and invest $4,500,000 in new capital expenditures. The proposed job creation timeline for the Project is as follows: # of New ' Date jobs will be Jobs created 70 12/31/2017 30 12/31/2018 50 12/31/2019 TOTAL 150 The Company has applied for the State of Florida's Qualified Target Industry(QTI)Tax Refund Incentive Program. The Program is available for companies that create high wage jobs in targeted high value-added industries.This incentive includes refunds on corporate income,sales, ad valorem, intangible personal property, insurance premium and certain other taxes. Pre- approved applicants who create jobs in Florida receive tax refunds of$3,000 per net new Florida full-time equivalent job created. For businesses paying 150 percent of the average annual wage, add$1,000 per job. The selected local community contributes 20 percent of the total tax refund. No more than 25 percent of the total refund approved may be taken in any single fiscal year. New or expanding businesses in selected targeted industries or corporate headquarters are eligible. Because Project Zeus is paying 150% of the statewide average wage, they are eligible for a QTI incentive of $4,000 ($3,000 + $1,000) per job created. Enterprise Florida's 2014 Average Annual Wage Data Report indicates that the Brevard County average wage is$43,705. The 20% contribution is comprised of Brevard County's Ad Valorem Tax (AVT) abatement plus the City of Cape Canaveral's AVT abatement. The AVT Abatement applies only to the increase in property taxes after the Capital Investment appraisal is made. The pre-investment AVT remains in effect, locked-in as a maximum for the duration of the Abatement. The City and the Board of County Commissioners (BOCC) must work in tandem to effectuate the State QTI approval.Accordingly,City,County and the Economic Development Commission (EDC) of Florida's Space Coast have been working closely together. The EDC has conducted an economic impact analysis of the Company,which is included in the Application(Attachment 1). On September 28th,the EDC AVT Council recommended approval of the incentive at 100% City Council Meeting Date: 11/15/2016 Item No. 5 Page 2 of 4 for 10 years. On October 4th, the BOCC approved an Ordinance at 2nd Reading, supporting the Abatement. On October 12th,the City of Cape Canaveral Business and Economic Development Board made a recommendation to City Council to approve the Ad Valorem Tax Abatement for Project Zeus at 100% for 10 years. At the October 18th City Council meeting, Council approved the following items in support of Project Zeus: 1. Resolution No. 2016-23 requesting the Brevard County Property Appraisers Office (BCPAO)prepare a report, 2. Ordinance No. 05-2016 supporting the local Tax Abatement at 1st Reading and 3. Resolution No. 2016-24 supporting the State QTI with our Abatement. The process for each governing body: 1. Each approve a resolution requesting the BCPAO conduct the required analysis and provide the Governing Body with a report as required by Chapter 196.1995(8)F.S.After careful consideration, the BCPAO shall report the following information: (a) The total revenue available to the county or municipality for the current fiscal year from ad valorem tax sources, or an estimate of such revenue if the actual total revenue available cannot be determined; (b)Any revenue lost to the county or municipality for the current fiscal year by virtue of exemptions previously granted under this section, or an estimate of such revenue if the actual revenue lost cannot be determined; (c) An estimate of the revenue which would be lost to the county or municipality during the current fiscal year if the Exemption applied for were granted had the property for which the Exemption is requested otherwise been subject to taxation; and (d)A determination as to whether the property for which an Exemption is requested is to be incorporated into a new business or the expansion of an existing business, as defined in s. 196.012, or into neither, which determination the property appraiser shall also affix to the face of the application. Upon the request of the property appraiser,the department shall provide to him or her such information as it may have available to assist in making such determination. • BOCC approved its resolution on September 20,2016. • City Council approved Resolution No. 2016-23 on October 18, 2016. ▪ The BCPAO has completed the report requested by the BOCC. It estimates an annual fiscal impact to the county of$20,685.74 for ten years. • The BCPAO has completed the report requested by the City Council. It estimates an annual fiscal impact to the county of$13,676.75 for ten years(Attachment 3). 2. Each approve an AVT Abatement Ordinance at I' reading. In considering any application for an exemption under this section, the Council must take into account the following: (a) The total number of net new jobs to be created by the applicant; (b) The average wage of the new jobs; (c) The capital investment to be made by the applicant; (d) The type of business or operation and whether it qualifies as a targeted industry as maybe identified from time to time by the Board of County Commissioners or the governing authority of the municipality; (e)The environmental impact of the proposed business or operation; City Council Meeting Date: 11/15/2016 Item No. 5 Page 3 of 4 (f) The extent to which the applicant intends to source its supplies and materials within the applicable jurisdiction and (g) Any other economic-related characteristics or criteria deemed necessary by the Board of County Commissioners or the governing authority of the municipality. • BOCC approved its Ordinance at 1st Reading on September 20, 2016. • City Council approved Ordinance No. 05-2016 at first reading on October 18, 2016. 3. Property Appraiser provides Report to City. • The BCPAO Report to the City is included herein (Attachment 3) 4. Each adopt an AVT Abatement Ordinance at 2nd reading (this item). The Council and Project Zeus will additionally enter into a written tax exemption agreement(Attachment 4), which will require the applicant to report at a specific time before expiration of the Exemption the actual number of new, full-time jobs created and their actual average wage. The agreement will provide the City Council with authority to revoke, in whole or in part,the Exemption if Project Zeus fails to meet the expectations. The ordinance is conditioned upon the applicant executing the Agreement. • BOCC adopted at 2nd Reading on October 4th. • Ordinance No. 05-2016 is enclosed in this Agenda for approval at 2nd Reading (Attachment 2). The ordinance was modified from the version approved at City Council's 1st Reading. This version includes: property tax data provided by the BCPAO and the Draft Economic Incentive AVT Agreement between the City and Project Zeus. a The City Agreement is included in this Agenda(Attachment 4). 5. Each approve a resolution supporting the State QTI. • City Council approved Resolution No. 2016-24 on October 18, 2016. 6. Each perform compliance monitoring for the duration of the abatement. • The EDC and the City will both be responsible for monitoring for compliance during the term of the abatement. • The compliance monitoring procedure is detailed in the Draft Economic Incentive Agreement(Attachment 4). Like Brevard County's AVT Program,the City's Program specifies that an eligible company must produce results to remain eligible for the incentives. If they do not create the jobs,pay the wages and make the capital investment,they do not receive the incentive. The previous EDC estimate of annual impact to the City was $12,755.52. A verified calculation was provided via Report submitted to the City by the BCPAO (Attachment 3).The total amount of the financial impact (local/City annual impact if abated at 100%) will be$13,676.75 for the current year. This amount combined with the County's annual impact of$20,685.74 creates a combined annual impact of$34,362.49. This will comprise the annual 20%match for the State QTI incentive. The Notice of Public Hearing was advertised in Florida Today on October 27,2016. Submittin: De+artment Director: Todd Morley Signature Date: 11-8-16 1 . Attachments: Attachment 1:AVT Application;Attachment 2: Ordinance No.05-2016;Attachment 3:BCPAO Report;Attachment 4: Economic Incentive Agreement City Council Meeting Date: 11/15/2016 Item No. 5 Page 4 of 4 Financial Impact:Annual impact of$13,676.75 for the current year if approved at 100%.After ten years, no impact. Staff time to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signautre Date: 11-7-16 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 05-2016 at 2nd reading. Approved by City Manager: David L. Greene Signature Date: 11-7-16 Attachment 1 SUPPLEMENTAL APPLICATION BREVARD COUNTY ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM APPLICANT NAME:Project Zeus NOTICE: This supplement is to be used by the applicant to provide additional information required by Economic Development Ad Valorem Tax Abatement Ordinance, Chapter 102, Division 3, Sections 181-191, Brevard County Code; and to provide other information requested by the Board of County Commissioners and the entitles who will review the application. Any business seeking an exemption shall file an application with the County before the business has made the decision to locate a new business in the County or before the business has made the decision to expand an existing in the County. Any business decisions,such as announcements, leasing of space or hiring of employees, made prior to final County Economic Development Tax Abatement approval (and not made contingent upon County approval) may constitute grounds for disapproval. Projects, which clearly do not require inducement,will not be approved. 1. Length of exemption requested is total of 10 years(length of exemption approved is sole discretion of County Commission and commences on the adoption date of the ordinance granting the exemption). 2. Property Owner Name: Astronaut Properties LLC Address:2210 South Atlantic Ave.Cocoa Beach,Fla.32931 Telephone No. (321)784-2318 FAX No.(321) 868-0038 3. Authorized Agent: Address: Telephone Number. ( ) Fax No. ( ) 4. Type of industry or business: Medical Management Company and Medical Services 5. Brief description of product and expansion plans(The applicant is to provide an executive summary of its business plan): The Company is evaluating consolidation of operations in Florida or Virginia. See attached Executive Summary. 6. Anticipated number of new employees(The applicant is to provide a breakdown of jobs to be created by category and planned salary to be paid by position): approximately 150 7. Percent Increase in overall employment: over 21% 8. Expected number of new employees who will reside in Brevard County: over 90% 9. Percentage of existing employees who have resided in the County for more than two years: estimated at over 90% 10. Anticipated average wage of employees: $66,000 11- Anticipated average annual payroll:$9.9 million for 150 new jobs 12. Anticipated new capital investment as a result of expansion or relocation of business: New construction value: $4,000,000 New personal property value: approximately$500,000 13. Environmental impact of business.(Identify the number and type of environmental permits required as a result of this project: e.g. air, soil and water pollution,water and sewer,dredge and fill,storm water,industrial wastewater;provide a brief narrative statement of the company's environmental impacts): No environmental impact anticipated. The Company does not generate hazardous waste or bio waste 14. Anticipated volume of business or production: Company expects to grow 30% from 2015 to 2016 and expects double digit growth in the next five years. The Company has a compound annual growth rate of 15% over the past ten years. 15. The relocation or expansion would not occur without the exemption: Yes[ ] No[X] 16. Source of supplies(local or otherwise): % source of supplies County:less than 15% (Brevard County) % source of supplies Florida: less than 20% % source of supplies out-of-state:greater than 80% 17. Business islwill be located in a community redevelopment area: Yes [ X ] No[ ] 1 Name of area:Cape Canaveral,Florida redevelopment area SIGNATURES: I hereby confirm the information provided by Proiect Zeus to the Economic Development Commission of Florida's Space Coast and the Board of County Commissioners for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true,accurate and complete. I further confirm that Project Zeus is not in violation of any federal,state or local law,or regulation governing environmental matters. I hereby acknowledge and agree upon approval of the Economic Development Ad Valorem Tax Abatement Ordinance by the Brevard County Board of County Commissioners that Project Zeus will provide CareerSource Brevard its job openings to be posted on www.employflorida.com and agrees to consider for employment candidates referred by Brevard Workforce. DATE:September 9, 2016 SIGNED: Signature (Preparer) SIGNED: Signature (Applicant) (Preparer's Address) TITLE:Chief Financial Officer (Preparer's Telephone Number) ECONOMIC DEVELOPMENT COMMISSION (EDC)USE ONLY EDC Economic Impact Analysis: EDC's Recommendation: The Economic Development Commission of Florida's Space Coast hereby certifies that it has proof, to the satisfaction of the EDC, that the applicant meets the criteria of a new business or for an expansion of an existing business as defined in Section 184, Chapter 102, Brevard County Code. Furthermore, the EDC has conducted an economic impact analysis, applying acceptable multipliers as defined by the State Department of Commerce, which concludes that the applicant does hereby meet the economic benefit test; and, therefore, the EDC recommends to the Brevard County Commission that the applicant receive an ad valorem tax exemption for percent of its eligible taxes and for a period of years. DATE: SIGNED: (EDC President) COUNTY USE ONLY County Manager's Recommendation: DATE: SIGNED: (County Manager) 2 BREVARD COUNTY ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Chapter 196,Florida Statutes To be filed with the Board of County Commissioners, the governing board of the municipality, or both, no later than March 1 of the year the exemption is desired to take effect 1. Business name:Project Zeus Mailing address: Z. Name of person in charge of business Telephone No.: FAX No.: 3, Location of business(legal description and street address)of property for which this report is filed: 8600 Astronaut Blvd, Cape Canaveral,FL;Part Of Govt Lots 3.4 IN SE 1/4 Lying Nely Of St Rd 401 As Des IN Orb 941 Pg 372 4. Date business opened at this facility TBD 5. a. Description of the improvements to real property for which this exemption is requested: $4 million renovation to existing facility b. Date of commencement of construction of improvements:TBD 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased: Taxpayer's Estimate of Taxpayer's APPRAISER'S Date Condition Estimate of USE ONLY of Original Fair Market Class or Item Age Purchase Cost Value Office Equipment TBD $500,000 New $500,000 estimate b. Average value of inventory on hand: Less than $100,000 of medical supplies and medical equipment. Note excludes medical equipment purchased for US Government clients and held by the Company as government property. c. Any additional personal property not listed above for which an exemption is claimed must be returned on form DR-405 (Tangible Personal Property Tax Return)and a copy attached to this form. 7. Do you desire exemption as a"New Business"[ ]or as an "Expansion of an Existing Business"[X ] 8. Describe the type or nature of your business: Medical Management services. 9. Trade level(check as many as apply): 3 Wholesale [ ] Manufacturing[ ] Professional [ X ] Service[X ] Office[ ] Other [ ] 10. a. Number of full time employees employed in Florida: 250 (DR 418) b. If an expansion of an existing business: (1) Net increase in employment 150 or 50% (2) Increase in productive output resulting from this expansion not applicable % 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility-one(1)location only_$35 Million(CY 2016 estimate) divided by Total sales everywhere from this facility-one(1)location only$180 million CY2016 estimate)=19.4% 12. For office space owned and used by a corporation newly domiciled in Florida: a. Date of incorporation in Florida b. Number of full-time employees at this location 13. If requesting an exemption due to location in a slum or blighted area,please furnish such additional information as required by the County Commission,City Commission,or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes. I agree to furnish such other reasonable information as the Board of County Commissioners, the governing authority of the municipality, or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation stated above by me is true,correct, and complete to the best of my knowledge and belief. (If prepared by someone other than the taxpayer,his declaration is based on all information of which he has any knowledge.) DATE: Sep 9, 2016 Signed: signature (Preparer) SIGNED: Signature (Taxpayer) (Preparers Address) TITLE: Chief Financial Officer (Preparer`s Telephone Number) PROPERTY APPRAISER'S USE ONLY I. Total revenue available to the County or municipality for the current fiscal year from ad valorem tax sources: II- Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this secttion: III. Estimate of the revenue which will be lost to the County during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: IV. Estimate of the taxable value lost to the County or municipality if the exemption applied for were granted: Improvements to real property Personal Property V. 6 have determined that the property listed above meets the definition,as defined by Section 196.012(15)or(16), Florida Statutes,as a New Business[ ],an Expansion of an Existing Business [ ],or Neither[ ]. VI. Last year for which exemption may be applied: DATE: SIGNED: (Property Appraiser) RETURN TO BE FILED NOT LATER THAN MARCH 1 4 Project Zeus Ad Valorem Tax Abatement Executive Summary Project Zeus is a unique Medical Management Company that has been in business since the 1970s. Project Zeus opened their Florida office in the 90s starting with only 3 employees in a 500 sq.ft. office. Today the company has over 1,000 employees operating in multiple locations around the world. Project Zeus has grown its business from less than $1 million in revenue to over$140 million in revenue in 2015,and from less than 10 customers to over 100 customers serviced today. The demand of these customers, in addition to the anticipated business from new customers, has created the need for the company to expand its operation and hire new employees. Project Zeus is considering consolidating their VA and FL operations in either location. Should the company move forward with a Cape Canaveral location,they would add 150 new employees to the Space Coast which would include relocating 70 positions from their VA. location. Project Zeus's current FL facility does not have room to accommodate the company's growth. As such, the company is considering relocating to 8600 Astronaut Blvd, a 63,000+ SF facility and investing up to $4.5M in capital improvements. The Ad Valorem Tax Abatement program would be of great benefit to the company's growth and expansion efforts by allowing Project Zeus to better leverage its capital to increase efficiency, improve our cost structure and enhance our competitive posture. It will enable us to keep Florida business in Florida, as well as expand our presence in Florida. Beyond this proposed expansion the company expects to continue on its current growth curve. Current projections are for annual sales to be greater than $200 Million and employment reaching 850 permanent full-time employees by the end of 2018. Our current and future growth will continue to provide a positive and lasting impact on the Space Coast economy. We are eagerly anticipating the Commission's assistance with our expansion efforts through the approval of the Ad Valorem Tax Abatement Program. (Logo) ECONOMIC DEVELOPMENT COMMISSION Ad Valorem Tax Abatement OF FLORIDA'S SPACE COAST Job Creation Distribution Worksheet Job Title / Description Number of Jobs Wage (excludes Fringe Benefits should we add?) Anticipated Hire Timeline (by year) HQ Staff Program Management(PM/APM) 10 $75,000 per year 2017-2018 functions HQ Staff:Compliance, Internal Audit,Accounting, 10 $60,000 per year 2017-2018 Payroll, HR Medical Professionals (Doctors, Nurses, EMTP's etc. 30 $102,500 per year 2017-2019 Client Service Administrators (CSA) 50 $33,500 per year 2017-2019 Licensed Clinical Care Specialists 25 $85,000 per year 2018-2019 Information Technology,Applications 10 $90,000 per year 2018-2019 Development and Informatics/Data Scientists Provider and Medical Staffing Recruiting 10 $55,000 per year 2017-2018 International deployment support staff(Vetting/ 5 $45,000 per year 2018-2019 MRPT Clearance processing) Total 150 Estimated Avg 2017-2019 Annual Salary ~ $66,000 per year. $9.9M estimated Economic Benefit (excluding multiplier) EDC of Florida's Space Coast | 597 Haverty Court,Suite 40 | Rockledge, Florida 32955 | Tel:321-638-2000 | Toll Free:(800)535-0203 | Fax: (321)633-4200 www.SpaceCoastEDC.org (Logo) ECONOMIC DEVELOPMENT ECONOMIC IMPACT ANALYSIS COMMISSION FLORIDA'S SPACE COAST Project Zeus City of Cape Canaveral 09/12/16 Overview: New Job Commitment: 150 Capital Investment: $4,500,000 Average Annual Wage: $66,000 Economic impact from job creation: Jobs Net New Wage Contribution to GDP 150 (Direct) $9,900,000 (Direct) $10,244,343 (Direct) 61 (Indirect) $2,366,862 (Indirect) $3,302,477 (Indirect) 68 (Induced) $2,459,483 (Induced) $4,447,277 (Induced) 279 TOTAL $14,726,345 TOTAL $17,994,097 TOTAL • For every employment position created by Project Zeus approximately 0.86 additional jobs will be developed to support the operation of the facility. • For every payroll dollar paid to Project Zeus approximately $0.49 will be generated for consumer spending. City Tax Impact Years 1-10 Annual Taxes on Construction Projected Tax Assessed $ 11,338.24 Potential Abatement (at 100%) $ 11,338.24 Annual Taxes on Personal Property Projected Tax Assessed $ 1,417.28 Potential Abatement (at 100%) $ 1,417.28 Years 11+ : Company will be assessed for 100%of tax liability Tax Millage Code- 26G0 NAICS - 541612 IMPLAN Sector- 454 Analysis based on information supplied by Project Zeus September 2016 Economic impact calculations furnished by EDC Research Office,using IMPLAN Professional 3.0(www.IMPLAN.com). Abatement&millage numbers are estimates;all final numbers determined solely by the Brevard County Property Appraiser's Office and the City of Cape Canaveral. *Subject to City of Cape Canaveral's Ad Valorem Tax Abatement Program Guidelines. SpaceCoastEDC.org 597 Haverty Court,Suite 40 • Rockledge,FL 32955 • p(321)638.2000•tf(800)535.0203•info@SpaceCoastEDC.org Attachment 2 ORDINANCE NO. 05-2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; GRANTING AN ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION TO PROJECT ZEUS; PROVIDING AN EXPIRATION DATE FOR THE EXEMPTION; FINDING THAT THE BUSINESS MEETS THE REQUIREMENTS OF SECTION 196.012(15), FLORIDA STATUTES; PROVIDING FOR PROOF OF ELIGIBILITY FOR EXEMPTION; PROVIDING A REQUIREMENT FOR AN ANNUAL REPORT; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, economic development and the creation of jobs are priorities of the City Council of the City of Cape Canaveral; and WHEREAS, the citizens of Cape Canaveral voted to provide economic incentives to new and expanding businesses in the November 3, 2009 general election; and WHEREAS, Project Zeus is a medical and management business and has been identified as a Target Industry Business pursuant to section 288.106, Florida Statutes, and is evaluating whether to locate its business operations at 8600 Astronaut Boulevard, Cape Canaveral, Florida 32920; and WHEREAS, Project Zeus has requested that the City of Cape Canaveral exempt ad valorem taxes for its future renovation project and for certain tangible personal property to be constructed and located at 8600 Astronaut Boulevard, Cape Canaveral, Florida 32920; and WHEREAS, the Property Appraiser has provided the City of Cape Canaveral with its report as required by section 196.1995(9), Florida Statutes; and WHEREAS, pursuant to Section 22-33(9) of the City Code, the City of Cape Canaveral Business and Economic Development Board considered Project Zeus's application and recommended approval of this Ordinance to the City Council on October 12, 2016; and WHEREAS, it has been determined that Project Zeus meets the requirements of section 196.012, Florida Statutes, as a new business located in Cape Canaveral; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance No.05-2016 Page 1 of 4 NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Economic Development Ad Valorem Tax Exemption. (a) An economic development ad valorem tax exemption is hereby granted to Project Zeus located in Cape Canaveral, Florida, for building renovation and new personal property. (b) The total amount of revenue available to the City of Cape Canaveral from ad valorem tax sources for the current fiscal year is$3,459,846.60. The City of Cape Canaveral does not lose any money for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect from previous years. (c) The estimated taxable value lost to the City of Cape Canaveral for the current fiscal year attributable to the exemption granted to Project Zeus is $3,400,000.00 for improvements to real property and $460,000.00 for personal property. The estimate of the revenue which will be lost to the City of Cape Canaveral during the current fiscal year if the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation is $13,676.75. (d) The tax exemption hereby granted shall be for a term of ten (10) years, commencing with the first year the new improvements and personal property are added to the assessment roll, and lasting nine (9)years thereafter,for One Hundred Percent(100%) of the City ad valorem taxes. (e) In accordance with the findings of the Cape Canaveral City Council and the Brevard County Property Appraiser, the property hereby exempted from ad valorem tax exemption meets the definition of a new business, as defined by section 196.012(15), Florida Statutes. (f) The economic development ad valorem tax exemption is subject to the terms and conditions of Resolution No. 2009-44 and/or other terms and conditions required by the City Council. Section 3. Evidence of Continued Eligibility. (a) Project Zeus shall submit to the City of Cape Canaveral an annual written report providing evidence of continued compliance with the definition of a "new business" or an "expansion of an existing business" for each of the ten (10) years during which Project Zeus is eligible to receive ad valorem tax exemption. The annual report shall be received by the City Council no later than January 31 of each year. (b) If the annual report is not received, or if the annual report indicates that Project Zeus no longer meets the criteria of section 196.012, Florida Statutes, the City Council shall revoke by ordinance this economic development ad valorem tax exemption, re-impose the ad City of Cape Canaveral Ordinance No.05-2016 Page 2 of 4 valorem taxes exempted, and Project Zeus and/or the subject property owner shall be required to make payment of the taxes exempted in addition to interest accrued at the maximum rate allowed by law. (c) If the City Manager or designee receives written notice that Project Zeus has decided not to undertake or complete the new business or expansion of an existing business, including improvements to real property or acquisition of tangible personal property, the exemption granted herein shall be void, shall not take effect and shall not be implemented. If such notice is received,the foregoing provision shall be self-executing and no further action of the City Council will be required to void the granted exemption. Upon the City's receipt of such notice, the City Manager or designee shall forward the notice to the Property Appraiser along with a copy of the this subsection of the Ordinance. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Not Incorporated Into Code. This ordinance shall not be incorporated into the Cape Canaveral City Code. Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason,such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida and upon the complete execution of an Economic Incentive Agreement between the City of Cape Canaveral and Project Zeus. In the event that an Economic Incentive Agreement is not executed within eighteen (18) months of the adoption of this Ordinance, or notice is received by the City Manager or designee pursuant to Section 3(c)herein,this Ordinance shall automatically be deemed null and void and of no legal effect. [Adoption Page Follows] City of Cape Canaveral Ordinance No.05-2016 Page 3 of 4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 15th day of November, 2016. Bob Hoog,Mayor ATTEST: For Against John Bond Mia Goforth, CMC Mike Brown City Clerk Robert Hoog Brendan McMillin Betty Walsh Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.05-2016 Page 4 of 4 Attachmet 3 City Amalysis SUPPLEMENTAL APPLICATION 3.5432 BREVARD COUNTY ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION PROGRAM APPLICANT NAME: Project Zeus NOTICE: This supplement is to be used by the applicant to provide additional information required by Economic Development Ad Valorem Tax Abatement Ordinance, Chapter 102, Division 3, Sections 181-191, Breverd County Code; and to provide other Information requested by the Board of County Commissioners and the entitles who will review the application. Any business seeking an exemption shall file an application with the County before the business has made the decision to locate a new business in the County or before the business has made the decision to expand an existing in the County. Any business decisions,such as announcements,leasing of space or hiring of employees,made prior to final County Economic Development Tax Abatement approval (and not made contingent upon County approval) may constitute grounds for disapproval. Projects, which clearly do not require inducement,will not be approved. 1. Length of exemption requested Is total of 10 years(length of exemption approved is sole discretion of County Commission and commences on the adoption date of the ordinance granting the exemption), 2. Property Owner Name: Astronaut Prooertles LLC Address:2210 South Atlantic Ave.Cocoa Beach,Fla.32931 Telephone No. (321)784-2318 FAX No.(321)868-0038 3. Authorized Agent: Address: Telephone Number( ) Fax No. ( ) 4. Type of Industry or business: Medical Management Company and Medical Services 5, Brief description of product and expansion plans(The applicant Is to provide an executive summary of Its business plan): The Company is evaluating consolldaticn of operations In Florida or Virginia. See attached Executive Summary. 6. Anticipated number of new employees(The applicant Is to provide a breakdown of jobs to be created by category and planned salary to be paid by position): approximately 150 7. Percent increase In overall employment: over 21% 8. Expected number of new employees who will reside In Brevard County: over 90% 8. Percentage of existing employees who have resided In the County for more than two years: estimated at over 90% 10. Anticipated average wage of employees: $66,000 11. Anticipated average annual payroll:$9.9 million for 150 new jobs 12. Anticipated new capital Investment as a result of expansion or relocation of business: New construction value: $4,000,000 New personal property value: approximately$500,000 13. Environmental impact of business.(Identify the number and type of environmental permits required as a result of this project: e.g. air, soil and water pollution,water and sower,dredge and till,storm water,Industrial wastewater,provide a brief narrative statement of the company's environmental impacts):No environmental Impact anticipated, The Company does not generate hazardous waste or bio waste 14. Anticipated volume of business or production:Company expects to grow 30%from 2015 to 2016 end expects double digit growth In the next five years. The Company has a compound annual growth rate of 15%over the past ten years. 15. The relocation or expansion would not occur without the exemption: Yes[ ] No[X] 18. Source of supplies(local or otherwise): %source of supplies County:less than 15%(Brevard County) %source of supplies Florida: less than 20% %source of supplies out-of-state:greater than 80% 17. Business Is/will be located In a community redevelopment area: Yes[ X ] No[ ] 1 Name of area:Cape Canaveral,Florida redevelopment area SIGNATURES: I hereby confirm the Information provided by Project Zeus to the Economic Development Commission of Florida's Space Coast and the Board of County Commissioners for the purpose of calculating the economic impact and benefit of the proposed tax abatement is true,accurate and complete. I further confirm that Protect Zeus Is not in violation of any federal,state or local law,or regulation governing environmental matters, I hereby acknowledge and agree upon approval of the Economic Development Ad Valorem Tax Abatement Ordinance by the Brevard County Board of County Commissioners that Protect Zeus will provide CareerSource Brevard its job openings to be posted on wiw,employflorida.com and agrees to consider for employment candidates referred by Brevard Workforce. DATE:September 9, 2016 SIGNED: Signautre (Preparer) SIGNED: Signature (Applicant) (Preperer's Address) TITLE:Chief Financial Officer (Preparer's Telephone Number) ECONOMIC DEVELOPMENT COMMISSION (EDC)USE ONLY EDC Economic impact Analysis: EDC's Recommendation: The Economic Development Commission of Florida's Space Coast hereby certifies that it has proof, to the satisfaction of the EDC,that the applicant meets the criteria of a new business or for an expansion of an existing business as defined In Section 184, Chapter 102,Brevard County Code, Furthermore, the EOC has conducted an economic impact analysis, applying acceptable multipliers as defined by the State Department of Commerce, which concludes that the applicant does hereby meet the economic benefit test: end, therefore, the EDC recommends to the Brevard County Commission that the applicant receive en ad valorem tax exemption for percent of its eligible taxes and for a period of years. DATE: SIGNED: (EDC President) COUNTY USE ONLY County Manager's Recommendation: DATE: SIGNED: (County Manager) 2 BREVARD COUNTY ECONOMIC DEVELOPMENT AD VALOREM TAX EXEMPTION Chapter 196,Florida Statutes To be filed with the Board of County Commissioners,the governing board of the municipality, or both, no later than March 1 of the year the exemption is desired to take effect. 1. Business name:Project Zeus Mailing address: 2. Name of person in charge of business Telephone No.: FAX No.: 3. Location of business(legal description and street address)of property for which this report is filed: 8600 Astronaut Blvd.Cape Canaveral,FL:Part Of Govt Lots 3,4 IN SE 1/4 Lying Nely Of St Rd 401 As Dos 1N Orb 941 Pg 372 4. Date business opened at this facility TBD 5. a. Description of the improvements to real property for which this exemption Is requested: $4 million renovation to existing facility b. Date of commencement of construction of improvements:TBD 6. a. Description of the tangible personal property for which this exemption is requested and date when property was purchased; Taxpayer's Estimate of Taxpayer's APPRAISER'S Date Condition Estimate of USE ONLY of Original Fair Market Class or Item Age Purchase Cost Value Office Equipment TBD $500,000 New $500,000 estimate . b. Average value of Inventory on hand: Less than $100,000 of medical supplies and medical equipment. Note excludes medical equipment purchased for US Government clients and held by the Company as government property. Any additional personal property not listed above for which an exemption is claimed must be returned en form DR-405 (Tangible Personal Property Tax Return)and a copy attached to this form. 7. Do you desire exemption as a "New Business"[ ]or as an"Expansion of an Existing Business"[X ] 8. Describe the type or nature of your business: Medical Management services, 9. Trade level(check as many as apply): 3 Wholesale[ ] Manufacturing[ ] Professional [ X ) Service[X ] Office[ ] Other ( ) 10. a. Number of full time employees employed in Florida: 250 (DR 418) b. If an expansion of an existing business: (1) Net increase in employment 150 or 50% (2) Increase in productive output resulting from this expansion not applicable % 11. Sales factor for the facility requesting exemption: Total sales in Florida from this facility-one(1)location only_$35 Million(CY 2016 estimate) divided by Total sales everywhere from this facility-one(1)location only$180 million CY2016 estimate) =19.4% 12. For office space owned and used by a corporation newly domiciled In Florida: a. Date of incorporation in Florida b. Number of full-time employees at this location 13. If requesting an exemption due to location In a slum or blighted area,please furnish such additional information as required by the County Commission,City Commission,or Property Appraiser. I hereby request the adoption of an ordinance granting an exemption from ad valorem taxation on the above property pursuant to Section 196.1995, Florida Statutes. I agree to furnish such other reasonable information as the Board of County Commissioners, the governing authority of the municipality, or the Property Appraiser may request in regard to the exemption requested herein. I hereby certify that the information and valuation slated above by me is true,correct,and complete to the best of my knowledge and belief. (if prepared by someone other than the taxpayer,his declaration is based on all information of which he has any knowledge.) DATE: Sept 9, 2016 Signed: Signature (Preparer) SIGNED: Signature (Taxpayer) (Preparer's Address) TITLE: Chief Financial Officer (Preparer's Telephone Number) PROPERTY APPRAISER'S USE ONLY 1. Total revenue available to the County or municipality for the current fiscal year from ad valorem tax sources: 3,459,846.60 2. Revenue lost to the County or municipality for the current fiscal year by virtue of exemptions previously granted under this section: 0 3. Estimate of the revenue which will be lost to the County during the current fiscal year If the exemption applied for were granted had the property for which the exemption is requested otherwise been subject to taxation: 13,676.75 4. Estimate of the taxable value lost to the County or municipality If the exemption applied for were granted: Improvements to real property 3,400,000 Personal Property 460,000 5. I have determined that the property listed above meets the definition, as defined by Section 196.012(15)or(16). Florida Statutes,as a New Business [ ],an Expansion of an Existing Business [✓] or Neither [ ] . 6. Last year for which exemption may be applied Dependent upon the number of years granted by the City Council Mout • DATE: 10-26-16 SIGNED: Dana Blickley, Property Appraiser (Prope Appraiser) RETURN TO BE FILED NOT LATER THAN MARCH 1 4 Attachment 4 AD VALOREM TAX ABATEMENT DRAFT ECONOMIC INCENTIVE AGREEMENT THIS ECONOMIC INCENTIVE AGREEMENT ("Agreement") is made and entered into this day of , 2016, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida municipal corporation ("City"), and PROJECT ZEUS [COMPANY NAME TO BE INSERTED UPON APPROVAL] ("Project Zeus"). RECITALS: WHEREAS, Project Zeus is a medical and management business and has been identified by the City and Brevard County as a Target Industry Business pursuant to section 288.106, Florida Statutes; and WHEREAS, Project Zeus desires to locate its corporate headquarters and business operations within the City of Cape Canaveral at 8600 Astronaut Boulevard, Cape Canaveral, Florida 32920; and WHEREAS, Project Zeus is seeking incentives to locate its corporate headquarters and business operations within the City of Cape Canaveral which would result in approximately 150 new full-time equivalent employees full-time with an anticipated average annual wage of $66,000 and generate approximately $4,000,000 in new capital in building construction and $500,000 in personal property; and WHEREAS, the City desires to provide Project Zeus with certain economic incentives in furtherance of the municipal purpose of expanding economic activity within its jurisdictional borders consistent with section 166.021(8), Florida Statutes; and WHEREAS, the parties recognize this Agreement is necessary to ensure that the economic incentives provided by the City to Project Zeus ultimately serve their intended municipal purpose; and WHEREAS, the City has established terms and conditions herein whereby Project Zeus, by complying with these terms and conditions, can receive the benefits outlined in this Agreement, while the City can fulfill its desire to support local employers, to create jobs and to significantly enhance the prospects of local economic development; and WHEREAS, the parties agree that the economic incentives provided by the City hereunder are for the benefit of the public health, safety, welfare, and convenience of the citizens of the City of Cape Canaveral; and WHEREAS, the City Council finds and declares that this Agreement serves a public purpose, which includes promotion of economic development, job growth, and the future expansion of the City's tax base. Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 1 of 8 NOW THEREFORE, in consideration of the mutual promises and covenants herein, and other good and valuable consideration, which the parties agree has been exchanged and received, the parties agree as follows: 1. Recitals. The foregoing recitals are deemed to be true and accurate and are fully incorporated herein by this reference. 2. Commitments by Project Zeus. (a) New Construction of Facilities; Capital Investment. Project Zeus hereby represents and warrants that it intends to expand the existing facility located at 8600 Astronaut Boulevard, Cape Canaveral, Florida 32920 by renovating an existing office facility within the jurisdictional boundaries of the City of Cape Canaveral. In furtherance such expansion, Project Zeus agrees to make a fixed capital investment of not less than $4,000,000 in new construction and $500,000 in tangible personal property prior to occupying the office facility by December 31, 2017. (b) Business Operations in Cape Canaveral. Project Zeus agrees to maintain its new operations within the jurisdictional boundaries of the City of Cape Canaveral for the term of this Agreement. (c) Employees. Upon the effective date of this Agreement, Project Zeus employs 250 full-time equivalent employees within the jurisdictional boundaries of the City of Cape Canaveral. Project Zeus agrees that it shall add and employ at least 150 new full-time equivalent employees within the jurisdictional boundaries of the City of Cape Canaveral by December 31, 2019, and that the average annual salary of the new employees shall be at least $66,000. Upon reaching that number of 150 new full-time equivalent employees, Project Zeus shall maintain at least a total of 400 full-time equivalent employees within the City of Cape Canaveral at 8600 Astronaut Boulevard, Cape Canaveral, Florida 32920 for the entire term of this Agreement(hereinafter Minimum Total Job Requirement). (d) New Business. Project Zeus represents and warrants that, for purposes of receiving the economic incentives provided to Project Zeus by this Agreement, Project Zeus currently meets the definition of"new business," as that term is defined by section 196.012(14), Florida Statutes. Project Zeus agrees to maintain its qualifications as a "new business" during the entire term of this Agreement. 3. Ad Valorem Tax Exemption; Pro-Rata Reduction. (a) Exemption Granted; Conditions. The parties acknowledge that pursuant to Article VII, Section 3 of the Florida Constitution and Section 196.1995, Florida Statutes, the electorate of the City of Cape Canaveral, on November 3, 2009, has granted the City Council the authority to grant property tax exemptions for new businesses and expansions of existing businesses. The parties further acknowledge that Project Zeus' anticipated investment to real property and tangible personal property pursuant to the terms of this Agreement, and the City Council's determination that Project Zeus' continued operations in the City of Cape Canaveral Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 2 of 8 are critical for the future economic development of the City, render Project Zeus eligible for an ad valorem tax exemption. Project Zeus has filed an application for ad valorem tax exemption with the City, and the City has processed the application in good faith and in accordance with the requirements established by the City and under Florida law. Conditioned upon Project Zeus' continuing obligation to comply with the terms and conditions set forth in this Agreement, the City Council approved Ordinance No. 05-2016, granting Project Zeus an ad valorem tax exemption for a term of ten (10) years, commencing with the first year the new improvements and personal property are added to the assessment roll, and lasting nine (9) years thereafter, for one hundred percent (100%) of the City ad valorem taxes. (b) Pro-Rata Reduction. In the event the number of full-time equivalent employees employed by Project Zeus at 8600 Astronaut Boulevard becomes less than the Minimum Total Job Requirement required by Section 2(c) of this Agreement, at the beginning of any City fiscal year (October 1st), the City Council has the sole discretion to reduce the ad valorem tax exemption, applicable for the then current ad valorem tax billing cycle, on a pro-rata percentage basis as determined by the following percentage: (# of actual full-time equivalent employees on October 1st divided by the Minimum Total Job Requirement x 100). However, no pro-rata reduction permitted under this subsection will be allowed or occur prior to October 1, 2020. 4. Annual Reports. Project Zeus shall submit to the City an annual report on a form proscribed by the City, along with any necessary supporting documentation, providing evidence of continued compliance with the terms of this Agreement, and shall specifically provide evidence of continued compliance with the definition of a "new business" as set forth in section 196.012(14), Florida Statutes, for each of the ten (10) years Project Zeus receives the ad valorem tax exemption. The annual report shall be provided to the City no later than September 30 of each year. Project Zeus shall also submit any other information or reports as the City Manager or City Council may deem reasonably necessary for purposes of determining whether Project Zeus is complying with the terms and conditions of this Agreement. Project Zeus acknowledges and agrees that it is an important and material condition that Project Zeus timely file its annual report on a timely basis, especially with respect to demonstrating compliance with the new employee and Minimum Total Job Requirement set forth in Section 2 (c) of this Agreement. 5. Compliance with Laws. Project Zeus shall be responsible for complying with all applicable laws, ordinances, rules, regulations, and lawful orders of any public authority regarding the location and continued operation of its business within the City of Cape Canaveral. 6. Work is a Private Undertaking. With regard to Project Zeus' business operation and compliance with applicable laws, rules, and regulations, it is specifically understood and agreed to by and between the parties hereto that the contractual relationship between the City and Project Zeus is such that Project Zeus is an independent contractor and not an agent of the City, and that this is not a business partnership or joint venture agreement. Project Zeus and its contractors, partners, agents, and employees are independent contractors and not Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 3 of 8 employees of the City, and Project Zeus shall be in complete control over its business operations. Nothing in this Agreement shall be interpreted to establish any relationship other than that of an independent contractor, between the City and Project Zeus, its contractors, partners, employees, or agents, under this Agreement. 7. Compliance Monitoring. Project Zeus agrees that City control and monitoring of the economic incentives granted hereunder is necessary to insure that Project Zeus' implementation of its obligations to the City set forth in this Agreement are in furtherance of the municipal purposes declared by the City herein. Project Zeus will cooperate with the City, in good faith, to ensure that the City is provided whatever reasonable documentation deemed necessary for the City to make periodic compliance determinations in furtherance of this Agreement. 8. Term; Termination; Remedies. (a) Term. This Agreement shall become effective upon full execution by both parties hereto and shall terminate one (1) year after Project Zeus has received the full benefit of the ad valorem tax exemption granted pursuant to Section 3 herein, unless the Agreement is terminated pursuant to this Section. (b) Termination by City. The City shall have the right to terminate this Agreement upon any material breach of any term or condition of this Agreement by Project Zeus; if Project Zeus is declared bankrupt or insolvent; if Project Zeus adopts a plan or resolution of liquidation of Project Zeus or sells substantially all of its assets; if Project Zeus engages in fraud or misleading compliance reporting against the City; or if a receiver or trustee is appointed on behalf of Project Zeus for purposes of taking control of substantially all of Project Zeus' assets within the City of Cape Canaveral, or the said assets are judicially seized for any reason, and possession of said assets are not released to Project Zeus within ninety (90) days. (c) Termination by Project Zeus. Project Zeus may terminate this Agreement in the event of a material breach of any provision of this Agreement by the City, which shall include, but not be limited to, failing to fulfill any of its legal obligations under Section 3, herein. (d) Notice; Opportunity to Cure. Prior to exercising its right to terminate this Agreement, the terminating party shall provide written notice to the non-terminating party setting forth the reason for termination and providing the non-terminating party 15 days from receipt of the notice to cure the alleged breach. If the alleged breach is not cured within said time period, this Agreement shall be deemed terminated, except with respect to any provision that affords a remedy in the event of a breach and any provision that expressly survives termination. (e) Remedies. In the event of Project Zeus' breach of this Agreement, the City shall have the right to revoke the economic development incentives and to re-impose, in full, the ad valorem taxes waived pursuant to Section 3 herein, plus interest accrued at the maximum rate allowed by law. The City shall notify Project Zeus in writing regarding the revocation of the economic development incentives and such notice shall set forth the total sum due and owing to the City. Project Zeus shall reimburse the City within 30 days from Project Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 4 of 8 Zeus' receipt of the City's notice unless Project Zeus cures the breach within 15 days of receiving the notice. Should Project Zeus fail to reimburse the City within 30 days, the City shall be entitled to recover the taxes due and owing to the City. Further, the City shall be entitled to recover reasonable attorney's fees and costs incurred in collecting said taxes through all appellate proceedings. Moreover, the City shall have the right to recover the taxes through any and all available legal means including, but not limited to, reassessing taxes and assessments on the tax roll of Brevard County, Florida, and bringing an action in a state or federal court. 9. Severability. Should any section or any part of any section of this Agreement be rendered void, invalid, or unenforceable by any court of law, for any reason, such a determination shall not render void, invalid, or unenforceable any other section or any part of any section in this Agreement. 10. Choice of Law; Venue. This Agreement has been made and entered into in the State of Florida, County of Brevard, and the laws of such state shall govern the validity and interpretation of this Agreement and the performance due hereunder. The parties agree that venue shall be exclusively in Brevard County, Florida, for all state court actions or disputes which arise out of or based upon this Agreement, and Orlando, Florida for all federal court actions or disputes which arise out of or are based upon this Agreement. 11. Integration; Modification. The drafting, execution, and delivery of this Agreement by the parties have not been induced by any representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the parties, and there are no further or other agreements or understandings, written or oral, in effect between the parties relating to the subject matter hereof unless expressly referred to herein. Modifications of this Agreement shall only be made in writing signed by both parties. 12. Attorney's Fees. Unless otherwise provided herein, each party agrees to bear their own attorneys' fees and costs in furtherance of this Agreement. 13. Headings. All headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 14. Waiver. No failure to insist on the prompt performance by Project Zeus of its obligations under this Agreement shall be construed as a waiver by the City of its rights to demand performance. Further, any waiver by the City of any breach or violation of Project Zeus' obligations under this Agreement shall not be construed as a continuing waiver or consent to any subsequent breach or violation or impede the City's ability to enforce the terms of this Agreement. 15. Notices. All notices required or permitted under this Agreement and any written consents or approvals required hereunder shall be in writing (including telecopy communication) and shall be (as elected by the person giving such notice) hand-delivered by messenger or overnight courier service, telecopied or mailed by registered or certified mail (postage pre-paid), return receipt requested, and addressed to each party at their respective addresses as set forth Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 5 of 8 below or to such other addresses any party may designate by notice complying with the terms of this Section: To CITY: w/copy to: David L. Greene Anthony A. Garganese, City Attorney Cape Canaveral City Manager Garganese, Weiss & D'Agresta, P.A. PO Box 326 P.O. Box 2873 105 Polk Avenue Orlando, FL 32802-2873 Cape Canaveral, FL 32920 To PROJECT ZEUS: Project Zeus Attn: GENERAL COUNSEL 8600 Astronaut Boulevard Cape Canaveral, Florida 32920 Such notice, request or other communication shall be considered given and deemed delivered: (a) on the date delivered if by personal delivery or courier service; (b) on the date of transmission with confirmed answer back if by telecopier if transmitted prior to 5:00 p.m. on a business day, and on the next business day if transmitted after 5:00 p.m. or on a non-business day, provided that a copy of the notice is provided within two business days thereafter by one of the other methods permitted by this Section; or (c) on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed. Notice addresses stated herein may be freely changed by providing the other party written notice of the change of address. 16. Indemnification and Hold Harmless. Project Zeus shall indemnify, hold harmless, and defend the City, from and against any and all claims, damages, losses, and expenses including, but not limited to, attorney's fees, arising out of or resulting from the performance or provision of the terms and conditions of this Agreement, including damage to persons or property, provided that same is caused in whole or part by the error, omission, negligent act, failure to act, malfeasance, misfeasance, conduct, or misconduct of Project Zeus, its agents, servants, officers, officials, employees, or subcontractors. The obligations arising under this Section 16 shall survive the expiration or termination of this Agreement, as to claims or causes of action, and liabilities, expenses, losses, costs, reasonable attorney's fees, damages, fines and penalties of every kind and character or incurred or suffered by the City as a result thereof, based upon events arising prior to the date of termination of this Agreement. 17. Assignment. This Agreement shall not be assigned by Project Zeus without the prior written consent of the City. Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 6 of 8 18. No City Obligation for Future Funds. No provision in this Agreement shall be construed as requiring the City to provide additional economic incentives of any kind, other than as specifically provided herein. 19. Conflict of Interest. Project Zeus represents and warrants, and this Agreement is being made by the City in reliance thereon, that Project Zeus and its officers, employees, and agents are neither officers nor employees of the City. Further, that no consideration of any kind is being paid, transferred, or conveyed directly to any City officer or employee, or indirectly to any City officer or employee through some other third party including a relative or legal entity, for the City's commitment to enter into this Agreement. 20. Representations of Project Zeus. Project Zeus represents to the City that (i) Project Zeus is duly authorized to conduct business in Florida; (ii) Project Zeus has the authority to enter into this Agreement and to perform the requirements of this Agreement; (iii) to Project Zeus' best knowledge, Project Zeus' performance under this Agreement shall not violate any applicable judgment, order, law, or regulation; (iv) to Project Zeus' best knowledge, Project Zeus' performance under this Agreement shall not result in the creation of any claim against the City for money or performance, any lien, charge, encumbrance or security interest upon any asset of the City; (v) Project Zeus shall have sufficient capital to perform its obligations under this Agreement; and (vi) Project Zeus does not require any third party consent to execute, deliver, and perform its obligations under this Agreement unless otherwise stated in this Agreement. 21. Project Zeus' Continuing Disclosure Requirement. Project Zeus must promptly notify the City of any developments that materially and adversely impact this Agreement and Project Zeus' obligations stated herein including, but not limited to, compliance with all applicable laws, rules, and regulations pertaining to clean air permits, initiation of any law suits or bankruptcy proceedings, sale or conveyance of real property, labor disputes, and changes in business operations. 22. No Delegation of Police and Taxing Power. Project Zeus shall not pledge the credit of the City nor make the City a guarantor of payment or surety for any contract, debt, or obligation, judgment, lien, or any form of indebtedness. The parties agree that this Agreement does not nor shall it be construed as a delegation of any of the City's authority or police powers to Project Zeus. IN WITNESS WHEREOF, this Agreement is entered into as of the day and year the last party signs this Agreement as stated below. The City of Cape Canaveral, a Florida municipal corporation. ATTEST: David L. Greene, City Manager Mia Goforth CMC City Clerk Date: Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 7 of 8 PROJECT ZEUS [Insert Company Name] Name: Title: Date: STATE OF ) COUNTY OF ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared of PROJECT ZEUS [Insert Company Name], who is [ ] personally known to me or [ ] has produced as identification. Notary Public - State of Printed Name My Commission Expires: Economic Incentive Agreement City of Cape Canaveral/Project Zeus Page 8 of 8 SEAL DRAFT CITY OF CAPE CANAVERAL OATH OF OFFICE I, , do solemnly swear that I will support, protect, and defend the Constitution of the United States of America and of the State of Florida and the Charter and Ordinances of the City of Cape Canaveral, Florida; and that I am entitled to hold office in the City of Cape Canaveral, Florida; and that I will faithfully perform all of the duties of the Office of City Council of the City of Cape Canaveral. So help me God. ATTEST: Mia Goforth, CMC CITY CLERK Oath administered by: Anthony A. Garganese CITY ATTORNEY on this 15th day of November 2016 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/15/2016 Item No. 6 Subject: Approve the Sole-Source purchase and installation of a de-grit system consisting of a Screw Classifier, Cyclone and Jeta Unit from Ovivo USA, LLC in the amount of$183,534.00 and authorize the City Manager to execute the Contract for same. Department: Public Works Services Summary: The de-grit system is the first part of the Pretreatment Structure and is used to remove sand/particulates/debris from the system. The existing Jones-Atwood De-grit system at the City's Water Reclamation Facility(WRF), installed in 1996, and has been out of service for the past two months placing a strain on the working Aqua Guard bar/filter screen. Public Works Services (PWS) Staff researched a number of alternatives to replace the existing Jones-Atwood De-grit system. These alternatives require the complete redesign of the concrete structure.Therefore,Staff is recommending the purchase of an Ovivo/Jones and Atwood Screw Classifier and Grit Trap Unit System to replace the existing de-grit system. This Jones-Atwood product can be inserted within the existing concrete structure and can be installed with little system downtime. This turnkey approach to replace the existing de-grit system is being recommended as a SoIe- Source purchase from Ovivo. Funds for this Project are from the City's Wastewater Enterprise Fund. Ovivo's cost estimate for the turnkey operation is included as Attachment #1. A Sole- Source letter as prepared by Ovivo is included as Attachment#2. Submitting Department Director: Ralph Lotspeich Signature Date: 11-2-16 Attachments: #1 -Ovivo Cost Estimate #2—Sole source letter Financial Impact: $183,534.00 for Sole-Source purchase and installation of an Ovivo Jones and Atwood Screw Classifier and Grit Tap Unit System to be funded by the Wastewater Enterprise Fund. Staff time to prepare Agenda. Reviewed by Administrative/Financial Services Director: John DeLco Signature Date: 10-31-16 The City Manager recommends that City Council take the following actions: Approve the Sole-Source purchase and installation of a de-grit system consisting of a Screw Classifier, Cyclone and Jeta Unit from Ovivo USA, LLC in the amount of$183,534.00 and authorize the City Manager to execute the Contract for same. Approved by City Manager: David L. Greene Signature Date: 11-2-16 C i b Proposal No. Q 08072015-AV Proposal Date: October 21st, 2016 Page 1 of 12 OV I VO Attachment 1 Bringing water to life PREPARED FOR City of Cape Canaveral WWTP Attn: June Clark. City of Cape Canaveral 601 Thurm Blvd. Cape Canaveral-FL-32920. AREA REPRESENTATIVE TSC-JACOBS-NORTH. 24156 SR54-SUITE 3 Lutz, FL 33549 Contact: Paul Wachter Tel: 813-242-2660 email paultscjn@verizon.net PROJECT Replace existing Screw Classifier, Cyclone and Jeta Unit. PREPARED BY Ovivo USA, LLC 4246 Riverboat Road, —Suite 300 Salt Lake City, Utah 84123 Aby Varghese Phone (832) 802-3256 Aby.Varghese@ovivowater.com PROPOSAL Ovivo USA,LLC 4246 Riverboat Road.•Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(801)931-3000•Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015-AV OV I VO Proposal Date: October 21st, 2016 Page 2 of 11 Bringing water to life Ovivo/Jones and Attwood Screw Classifier and Grit Trap Unit Systems (Budget Proposal) Ovivo USA, LLC. (Formerly EIMCO Water Technologies — EWT) proposes to supply equipment and labor to replace the existing grit removal system with One (1) model 100 Classifier, One (1) model D10 Krebs Cyclone, One (1) Jeta Grit Trap unit model 550 at the Cape,Canaveral-FL Wastewater Facility. This system will be designed to Ovivo standard engineering practices and will include the following items. ITEMS INCLUDED One (1)Jones and Attwood model 100 Classifier with: • 1.0 HP, 1760 RPM geared drive suitable 460/3/60 supply for Class 1 Div 1 locations. • Inlet hopper—304 Stainless steel. • 2 inch plugged drain at base of classifier hopper. • Adjustable weir—304 Stainless steel. • Legs to support the classifier at 20 degrees—304 Stainless steel. • 9 inch dia single pitch screw—ASTM A36 carbon steel. • 6 inch dia organics return. 150# bolted flange. • Bottom bearing—block assembly with lubrication hose assembly with fittings. • Open mesh covers—304 Stainless steel. One (1) Krebs grit cyclone model D-10 operating at 250gpm including: • Fabricated carbon steel housing. • Replaceable neoprene liners for all housing sections. • Nihard vortex finder. • Quick release toggle clamps for the apex housing. • Inlet pressure gauge with protective diaphragm. One (1)Jeta Grit Trap Unit with : • 1 HP, 1800 RPM TEFC helical gear motor suitable for 460/3/60 supply for Class 1 Div 2 explosion proof TEFC. • Standard gear driven gearhead - heavy duty cast iron. • Drive tube—304 Stainless Steel. • Flat disc impeller with adjustable blades—304 Stainless Steel. PROPOSAL Ovivo USA,LLC 4246 Riverboat Road. •Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(801)931-3000• Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015-AV OVIVO Proposal Date: October 21st, 2016 Page 3 of 11 Bringing water to life • Grit fluidizing line—304 Stainless Steel. • One (1) 1.5 inch solenoid valve for fluidization line. • Two (2) manual isolation valves for fluidization line. • Anchor Bolts—304 Stainless Steel. • Fasteners—304 Stainless Steel. • Fasteners—304 Stainless Steel. • A brand new Control Panel Nema 4X, included motor starter for both the Jeta grit Trap and Screw Classifier. Additional services include the following: • Remove existing Jeta grit unit and dispose off site • Remove existing grit classifier and dispose off site. • Install new Jeta grit unit. • Install new grit classifier. • Electrical disconnect and reconnect of existing conduit and wire. Extend and pull new wire up to 75' from motor. • Disposal of existing equipment. • All equipment to hoist the existing and new equipment. • Clean grit and debris from existing concrete grit trap and haul off site. PROPOSAL Ovivo USA,LLC 4246 Riverboat Road.•Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(801)931-3000•Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015-AV OVIVO Proposal Date: October 21st, 2016 Page 4 of 11 Bringing water to life CLARIFICATIONS AND NOTES. - Ovivo and its appointed contractor will supply all labor, materials and supervision to complete the project as outlined in the scope of supply. Ovivo is not responsible for remedying the condition of any equipment other than expressed in the "scope of supply" or covered by a "change order" signed by the authorized Cape Canaveral representative. - Ovivo will require a point of contact with the Cape Canaveral WWTP for the duration of the project. - Ovivo will nominate a Project Manager as the point of contact with the Cape Canaveral WWTP for the duration of the project. All communication between the Cape Canaveral WWTP and Ovivo are to be between the nominated contacts. - Ovivo and its appointed contractor will require unlimited access to the headworks building during the duration of the project. ITEMS NOT INCLUDED • Taxes. • Lubricants. • Access ladder or stairs. • Concrete work. • Civil design. • Replacement grit pump. NOTE: If additional component replacement or additional work beyond the scope of this proposal as described above are required, these costs will be subject to a change order and will be additional to the contract before proceeding with the work. PRICING: for completion of the parts, engineering and service support, as described above $183,534.00 Work to be scheduled within 20 weeks of receipt of P.O. PROPOSAL Ovivo USA,LLC 4246 Riverboat Road.•Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(801)931-3000•Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015-AV OV I VO Proposal Date: October 21st, 2016 Page 5 of 11 Bringing water to life DELIVERY Ovivo intends to ship all Products as indicated above after receipt of approved purchase order from Purchaser. However, the date of shipment of the Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall not be liable for any damages due to late delivery, The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal. If such delivery is prevented or postponed by reason of Force Majeure, as defined in Ovivo's standard terms and conditions of sale, Ovivo shall be entitled at its option to tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser's acceptance of delivery, to cause the Products to be stored at such a point or points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from Ovivo that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to the Products shall be for the account of Purchaser and shall be paid by Purchaser when invoiced. PRICING TERMS All prices quoted are in US Dollars. Prices are good for 90 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are FOB point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PRICE ESCALATION The prices submitted are based upon Purchaser's acceptance of this proposal by Jan 31, 2017. If the above indicated order date is exceeded, prices and shipping dates are subject to review and adjustment. Should shipment dates be exceeded because of customer action, escalation of the selling prices at the rate of 1.5% per month for each month or partial month of delay will be applied. This escalation will be applied only if shipment is delayed by the customer. PROPOSAL Ovivo USA,LLC 4246 Riverboat Road.•Suite 300•Salt Lake City,Utah 84123-2583 USA Tei:(801)931-3000• Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015-AV OV I VO Proposal Date: October 21st, 2016 Page 6 of 11 Bringing water to life In addition, due to fluctuating material costs, the prices quoted in this proposal may be adjusted at the time of delivery. Only additional unit material costs will be transferred to the purchaser. PAYMENT TERMS Payment terms are: One hundred percent (100%) payment due within thirty (30) days after Purchaser's receipt of invoice. Credit is subject to acceptance by the Ovivo Credit Department. Purchaser shall remit payment for proper invoices received from Ovivo in accordance with the payment terms stated above even if the Purchaser has not been paid by the Purchaser's customer (the "Owner"), if Purchaser is not the end-user of the Products. Payments are due within thirty (30) days after Purchaser's receipt of invoice. Overdue and unpaid invoices are subject to a service charge of 2%per month until paid. If Purchaser requests or causes cancellation, suspension or delay of Ovivo's work, Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up to date of such event plus Ovivo's overhead and reasonable profit. Additionally, all charges related to and risks incidental to storage, disposition and/or resumption of work shall be borne solely by Purchaser. Full payment for all work shall be due and payable thirty (30) days from the date work is placed into storage. TAXES Federal, State or local sales, use or other taxes are not included in the sales price. Such taxes, if applicable, shall be for Purchaser's account. BACKCHARGES In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible for such work or expenses, until after Purchaser/Owner has provided Ovivo's PROJECT MANAGER full details (including estimate of material cost and amount and rate of labor required) of the work, services, material or expenses, and Ovivo has approved the same in writing. Ovivo will not accept Products returned by Purchaser/Owner unless Ovivo has previously accepted the return in writing and provided Purchaser/Owner with shipping instructions. PROPOSAL Ovivo USA,LLC 4246 Riverboat Road.•Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(801)931-3000•Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015-AV OV I VO Proposal Date: October 21st, 2016 Page 7 of 11 Bringing water to life **PURCHASE ORDER SUBMISSION** In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address: Attn: Order Entry Administrator Ovivo USA, LLC 4246 Riverboat Road, Suite 300, Salt Lake City, Utah 84123 Fax#: 801-931-3080 Tel. #: 801-931-3000 ADDITIONAL FIELD SERVICE When included and noted in the Product pricing of each proposal item, Ovivo will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8) hour days. Notwithstanding Ovivo's performance of the above-referenced services, Ovivo shall not be held liable for any faulty workmanship or other defects in the Products' installation, or for other goods and/or services, performed by third parties unless such goods and/or services are expressly included under Ovivo's scope of work. If additional service is required, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the Ovivo current service rates will apply for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. PROPOSAL Ovivo USA,LLC 4246 Riverboat Road. •Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(8011931-3000•Fax;(801)931-3080 www.ovivowater.com Proposal No. Q 08072015—AV OVIVO Proposal Date: October 21st, 2016 Page 8 of 11 Bringing water to life SURFACE PREPARATION AND PAINTING GENERAL INFORMATION If painting the Products is included under Ovivo's scope of work, such Products shall be painted in accordance with Ovivo's standard practice. Shop primer paint is intended to serve only as minimal protective finish. Ovivo will not be responsible for condition of primed or finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. Ovivo assumes no responsibility for field service preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel components as soon as fabricated, often before drives, motors and other manufactured components. Unless you can insure that shop primed steel shall be field painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these components in the bare metal (no surface prep or primer) condition. Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the primed surfaces have not been field painted within thirty (30) days of arrival at the jobsite using manufacturers' standard primers. Other primers may have less durability. GENERAL ITEMS NOT INCLUDED Unless specifically and expressly included above, prices quoted by Ovivo do not include unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field painting, oil or grease, wiring, mounting hardware, welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions or any other products or services. PROPOSAL Ovivo USA,LLC 4246 Riverboat Road.•Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(801)931-3000•Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015—AV OV I VO Proposal Date: October 21st, 2016 Page 9 of 11 Bringing water to life MANUALS The content of any and all installation, operation and maintenance or other manuals or documents pertaining to the Products are copyrighted and shall not be modified without the express prior written consent of Ovivo. Ovivo disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other documents provided by Ovivo in connection with the Project. WARRANTY AND CONDITIONS Ovivo standard Terms and Conditions of Sale, QFORMEWT 0115-02031 is attached and made an essential part of this proposal. These terms and conditions are an integral part of Ovivo's offer of Products and related services and replace and supersede any terms and conditions or warranty included in Purchaser or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo. CONFIDENTIALITY The contents of this proposal are confidential and shall be used by Purchaser and/or Owner only for the purpose of evaluating Ovivo's offer of goods and services in connection with the Project. Purchaser/Owner shall not disclose the contents of this proposal to any third party without the prior written consent of Ovivo. Attachments: Ovivo USA, LLC General Terms and Conditions, QFORMEWT 0115-02031 Rev H Ovivo USA 2015 North American Field Service Rate Schedule PROPOSAL Ovivo USA,LLC 4246 Riverboat Road. •Suite 300•Salt Lake City,Utah 84123-2583 USA Tel:(801)931-3000• Fax:(801)931-3080 www.ovivowater.com Proposal No, Q 08072015 - RJS OV I VO Proposal Date: November 9th 2015 Page 10 of 11 Bringing water to life 1. ACCEPTANCE. The proposal of OVIVO USA, LLC ("SELLER"), as well as these terms and conditions of sale (collectively the "Agreement"), constitutes SELLER's contractual offer of goods and associated services, and PURCHASER's acceptance of this offer is expressly limited to the terms of the Agreement. The scope and terms and conditions of this Agreement represent the enitre offer by SELLER and supersede all prior solicitations, discussions, agreements, understandings and representations between the parties. Any scope or terms and conditions included in PURCHASER's acceptance/purchase order that are in addition to or different from this Agreement are hereby rejected. 2. DELIVERY. Any statements relating to the date of shipment of the Products (as defined below) represent SELLER's best estimate, but is not guaranteed, and SELLER shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in SELLER's proposal. If such delivery is prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled at uts option to tender delivery to PURCHASER at the point or points of manufacture, and in defalt of PURCHASER's acceptance of delivery to cause the Products to be stored at such a point or points of manufacture at PURCHASER's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this agreement. If shipment is postponed at request of PURCHASER, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from SELLER that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when invoiced. 3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title, and interest in the Products to the extend permitted by acceptable law, including a security interest in the Products, until the full purchase price has been paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass SELLER's interests until said drafts, notes and/or trade acceptances are paid in full. Risk of loss shall pass to PURCHASER at the delivery point. 4. PAYMENT TERMS. SELLER reserves the right to ship the Products and be paid for such on a pro rata basis, as shipped. If payments are not made by the due date, interest at a rate of two percent (2%) per month, calculated daily, shall apply from the due date for payment. PURCHASER is liable to pay SELLER's legal fees and all other expenses in respect of enforcing or attempting to enforce any of SELLER's rights relating to a breach or threatened breach of the payment terms by PURCHASER. 5. TAXES. Unless otherwise specifically provided in SELLER's quotation/proposal; PURCHASER shall pay and/or reimburse SELLER, in addition to the price, for all sales, use and other taxes, excises and charges which SELLER may pay or be required to pay to any government directly or indirectly in connection with the production, sale, transportation, and/or use by SELLER or PURCAHSER, of any of the Products or services dealt with herein (whether the same may be regarded as personal or real property). PURCHASER agrees to pay all property and other taxes with may be levied, assessed or charged against or upon any of the Products on or after the date of actual shipment, or placing into storage for PURCHASER's account. 6. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrents that new equipment and parts manufactured by it and provided to PURCHASER (collectively, "Products") shall be free from defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the equipment not to exceed eighteen (18) months from shipment. If any of SELLER's Products fail to comply with the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER, EX WORKS SELLER'S FACTORIES or other location that SELLER designated, any Product or parts thereof returned to SELLER, which examination shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representitive to PURCHASER's job site to inspect the Product. If it is determined after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof, SELLER shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its representitve to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is determined after inspection that SELLER is not liable under this warranty, PURCHASER shall pay those costs. For SELLER to be liable with respect to this warranty, PURCHASER must make its claims to SELLER with respect to this warranty in writing no later than thirty (30) days after the date PURCHASER discovers the basis for its warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any of the following; (i) failure of the Products, or damages to them, due to PURCHASER's negligence or willful misconduct, abuse or improper storage, installation, application or maintainance (as specified in any manuals or written instructions that SELLER provides to the PURCHASER); (ii) any Products tht have been altered or repaired in any way without SELLER's prior written aurthorization; (iii) The costs of dismantling and reinstallation of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products by chemical action, erosion or corrosion or wear to Products or due to conditions of temperature, moisture and dirt; or (vi) claims with respect to parts that are consumable and normally replaced during maintainance such as filter media, filter drainage belts and the like, except where such parts are not performing to SELLER's estimate of normal service life, in which case, SELLER shall only be liable for the pro rata cost of replacement of those parts based on SELLER's estimate of what the reamaining service life of those parts should have been; provided, that failure of those parts did not result from any of the matters listed in clauses (i) through (v) above. With regard to third-party parts, equipment, accessories or components not of SELLER's design, SELLER's liability shall be limited solely to the assignment of available third-party warrenties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall terminate if PURCHASER fails to perform its obligations under this Agreements including but not limited to any failure to pay any charges due to SELLER. SELLER's quoted price for the Products is based upon this warranty. Any increase in warranty obligation may be subject to an increase in price. 7. CONFIDENTIAL INFORMATION. All nonpublic information and data furnished to PURCHASER hereunder, including but not limited to price, size, type and design of the products is the sole property of SELLER and submitted for PURCHASER's own confidential use solely in connection with this Agreement and is not to be made known or available to any third party without SELLER's prior written consent. 8. PAINTING. The Products shall be painted in accordance with SELLER's standard practice, and purchased items such as motors, controls, speed reducers, pumps, etc., will be painted in accordance with manufacturers' standard practices, unless otherwise agreed in writing. 9. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests approval of drawings before commencement of manufacture, shipment may be delayed if approved drawings are not returned to SELLER within fourteen (14) days of receipt by PURCHASER of such drawings for approval. SELLER will furnish only general arrangement, general assembly, and if required, wiring diagrams, erection drawings, installation and operation- maintenence manuals for SELLER's equipment (in Enlgish language). SELLER will supply six (6) complete sets of drawings and operating instructions. Additional sets will be paid for by PURCHASER. Electronic files, if requested from SELLER, will be provided in pdf, jpg or tif format only. 10. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all payments due to SELLER hereunder shall be paid when due and shall not be setoff or applied against any money due or claimed to be due from SELLER to PURCHASER on account of any other transaction or claim, except for archival or security purposees; b) not to use the program on any computer other than the computer with which it is supplied; and c) to limit access to the program to those of its employees who are necessary to permit authorized use of the program. PURCHASER agrees to execute and be bound by the terms of any software license applicable to the Products supplied. 11. SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any information processing program supplied by SELLER with the Products. PURCHASER acknowledges that such programs and the information contained therein is Confidential Information and agrees: a) not to copy or duplicate the program. 12. PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against PURCHASER based upon claims that SELLER's Product hereunder in and of itself constitutes an infringement of any valid apparatus claims of any United States patent issued and existing as of the date of this Agreement, if notified promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER shall indemnify the PURCHASER against such claims of infringement. Furthermore, in case the use of the Products is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own expense and discretion, (a) procure for the PURCHASER the right to continue using the Products, (b) replace the same with non-infringing Products, (c) modify the Product so it becomes non-infringing, or (d) remove the Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and PURCHASER shall indemnify SELLER for, any claim of infringement related to (a) the use of the Products for any purpose other than that for which it was furnished by SELLER, (b) compliance with equipment designs not furnished by SELLER or (c) use of the Products in combination with any other equipment. The foregoing states the sole liability of SELLER for patent infringement with respect to the Products. 13. GENERAL INDEMNITY. Subject to the rights, obligations and limitations of liabilites of the parties set forth in this Agreements, PURCHASER shall protect and indemnify SELLER, its ultimate parent, its ultimate parent's subsidaries and each of their respective officers, directors, employees and agents, from and against all claims, demands and causes of action asserted by any entity to the extent of PURCHASER's negligence or willful misconduct in connection with this Agreement. 14. DEFALT TERMINATION. In the event that PURCHASER becomes insolvent, commits an act of bankruptcy or defalts in the performance of any term or condition of this Agreement, the entire unpaid portion of the purchase price shall, without notice or demand, become immediately due and payable. SELLER at its option, without notice or demand, shall be entitled to sue for said balance and for responsable legal fees, plus out-of-pocket expenses and interest; and/or to enter any place where the Products are located and to take immediate posession of and remove the Products, with or without legal process; and/or retain all payments made as compensation for the use of the Products: and/or resell the Products, without notice or demand, for and on behalf of the PURCHASER, and to apply the net proceeds from such sale (after deduction from the sale price of all expenses of such sale and all expenses of retaking posession, repairs necessary to put the Products in saleable condition, storage charges, taxes, liens, collections and legal fees and all other expenses in connection therewith) to the balance then due to SELLER for the Products and to receive from the PURCHASER the deficiency between such net proceeds of sale and such balance. PURCHASER hereby waives all trespass, damage and claims resulting from such entry, reposession, removal, retention, repair, alteration and sale. The remedies provided in this paragraph are in addition to and not limitations of any other rights of SELLER. 15. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER thirty (30) days prior written notice of such fact and paying SELLER for all costs expenses (including overhead) incurred by it in performing its work and closing out the same plus a reasonable profit thereon. All such costs and expenses shall be paid to SELLER within ten (10) says of the termination of the Agreement, or be subject to an additional late payment penalty of five percent (5%) of the total amount of costs and expenses owed. 16. REMEDIES. The rights and remedies of the PURCHASER in connection with the goods and services provided by SELLER hereunder are exclusive and limited to the rights and remedies expressly stated in this Agreement. 17. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER's facility. Seller reserves the right to determine the reasonableness of the request and to select an appropriate time for such inspection. All costs of inspections not expressly included as an itemized part of the quoted price of the Products in this Agreement shall be paid by PURCHASER. 18. WAIVER. Any failure by SELLER to enforce PURCHASER's strict performance of any provision of this Agreement will not constitue a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. 19. COMPLIANCE WITH LAWS. If applicable laws, ordinances, regulations or conditions require anything different from, or in addition to, that called for by this Agreement, SELLER will satisfy such requirements at PURCHASER's written request and expense. 20. FORCE MAJEURE. If SELLER is rendered unable, wholly or in material part, by reason of Force Majeure to carry out any of its obligations hereunder, then on SELLER's notice in writing to PURCHASER within a reasonable time after the occurance of the cause relied upon, such obligations shall be suspended. "Force Majeure" shall include, but not be limited to, acts of God, laws and regulations, strikes, civil disobedience or unrest, lightning, fire, flood, washout, storm, communication lines failure, delays of the PURCHASER or PURCHASER's subcontractors, breakage or accident to equipment or machinery, wars, police actions, terrorism, embargos, and any other causes that are not reasonably within the control of the SELLER. If the delay is the result of PURCHASER's action or inaction, then in addition to an adjustment in time, SELLER shall be entitled to reimbursement of costs incurred to maintain its schedule. 21. INDEPENDENT CONTRACTOR. It is expressly understood that SELLER is an independednt contractor, and that neither SELLER nor its principals, partners, parents, subsidaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever. 22. SEVERABILITY. Should any portion of this Agreement, be held to be invalid or unenforcable under applicable law then the validity of the ramaining portions thereof shall not be affected by such invalidity or unenforceability and shall remain in full force and effect. Furthermore, any invalid or unenforceable provision shall be modified accordingly within the confines of applicable law, giving maximum permissible effect to the parties' intentions expressed herein. 23. CHOICE OF LAW, CHOISE OF VENUE. This Agreement shall be governmed and contrued in accordance with the laws of the State of Utah, without regard to its rules regarding conflicts or choice of law. The parties submit to the jurisdiction and venue of the state and federal courts located in Salt Lake City, Utah. 24. ASSIGNMENT. PURCHASER shall not assign or transfew this Agreement without the prior written consent of the SELLER. Any attempt to make such an assignment or transfer shall be null and void. SELLER shall have the authority to assign, or otherwise transfer, its rights and obligations in connection with this Agreement, in whole or in part, upon prior written notice to PURCHASER. 25. LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE COST OF CORRECTING ANY DEFECTS, OR IN THE ABSENCE OF ANY DEFECT, IN EXCESS OF THE VALUE OF THE PRODUCTS SOLD HEREUNDER. NOTWITHSTANDING ANY LIABILITIES OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOEN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER CAUSE WHATSOEVER Revision Date - March 5, 2009 Proposal Ovivo USA,LLC 4255 Lake Park Blvd.•Suite 100•Salt Lake City,Utah 84120-8201 USA Tel:(801)931-3000•Fax:(801)931-3080 www.ovivowater.com Proposal No. Q 08072015 - RJS OVIVO Proposal Date: November 9th 2015 Page 11 of 11 Bringing water to life NORTH AMERICAN FIELD SERVICE RATE SHEET Effective January 2015 Standard (Travel) Daily Rate (8 hour day) $ 1,200.00 Hourly Rate (4 hour minimum) $ 150.00 Standard (Labor) Daily Rate (8 hour day) $ 1,200.00 Hourly Rate (4 hour minimum) $ 150.00 Saturday Daily Rate (8 hour day) $ 1,800.00 Hourly Rate (4 hour minimum) $ 225.00 Sundays/Holidays * Daily Rate (8 hour day) $ 2,400.00 Hourly Rate (4 hour minimum) $ 300.00 Overtime ** Hourly Rate - Standard Day $ 225.00 Hourly Rate - Weekends & Holidays $ 300.00 * Except Christmas Day and New Years Day ** For all hours worked over eight (8) hours per clay UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note. • All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced at actual cost PLUS 10 % and documentation will be provided for these expenses. If a fixed Per Diem rate is required, it will be charged at $250.00 per day (lodging and meals) with the exception of the East Coast where the price will be $300.00). Travel on Saturday, Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate. • Use of Ovivo Fleet vehicles for travel will be charged at the rate of $0.56 per mile. PROPOSAL Ovivo USA,LLC 4255 Lake Park Blvd. •Suite 100•Salt Lake City,Utah 84120-8201 USA Tel:(801)931-3000•Fax:(801)931-3080 www.ovivowater.com Attachment 2 Ovivo USA, LLC OV I VO 4246 Riverboat Road,Suite 300 Tel: 801.931.3000 Salt Lake City, Utah Fax: 801.931.3080 84123 Worldwide Experts in Water Treatment USA www.ovivowater.corn Re: Eimco Water Technologies Equipment October 21, 2016 City of Cape Canaveral WWTP 601 Thurm Blvd Cape Canaveral, FL 32920. To whom it may concern: Please be advised that Ovivo USA, LLC is the exclusive"Sole"manufacturer and seller for the parts used in process equipment used in water and wastewater treatment process. The use of other than Ovivo OEM parts,products and services for existing Ovivo equipment throughout the City of Cape Canaveral would invalidate any existing warranties in place with Ovivo USA, LLC. Our exclusive Sales agent in your geographic area is: TSC-JACOBS-NORTH North office 24156 SR 54, Suite 3 Lutz, FL-33549 Ph : 813-242-2660 Cell: 813-997-1527 Fax: 813-242-2597 Contact : Paul Wachter E-mail: paultscjn©verizon.net Purchase orders are to be made out to Ovivo USA, LLC and will be invoiced directly. Please direct all inquiries for municipal water treatment equipment to the above agent. Very truly yours, Aby Varghese Ovivo USA,LLC Business Development Manager- Inlet Works 832-802-3256 Aby.Varghese@ovivowater.com [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 11/15/2016 Item No. 7 Subject: Approve the 2017 City Council Regular and Tentative Budget Meeting Schedule. Department: Administrative Services Summary: A yearly Meeting Schedule (Attachment 1) assists everyone in planning activities necessary to complete the City's business. Although we are not able to identify the exact day for the Budget Hearings, the Schedule includes tentative Budget Meetings providing Council Members with as much notice as possible. The Schedule was created using current practice. It takes into consideration holidays and other notable events such as CRA Meetings,National Night Out, and Elections(Attachment 2). Submitting Department Director: Mia Goforth Signaure Date: 11-2-16 Attachments: (1) Schedule (2) 2017 Holidays and Other Notable Dates Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Signature Date: 11-2-16 The City Manager recommends that City Council to take the following action: Approve the Meeting Schedule. Approved by City Manager: David L. Greene Signature Date: 11-2-16 Attachment 1 City of Cape Canaveral 2017 City Council Regular Meeting Schedule and Tentative Budget Meeting Schedule Agenda Cut-off at 4:30 PM Agenda & Packet Due by Council Meeting Close of Business 6:00PM unless noted 1/3/2017—Date Reserved* 1/4/2017 1/10/2017 1/17/2017 2/7/2017—Date Reserved* 2/8/2017 2/14/2017 2/21/2017 3/7/2017—Date Reserved* 3/8/2017 3/14/2017 3/21/2017 also if needed CRA 5:00 PM 4/4/2017—Date Reserved* 4/5/2017 4/11/2017 4/18/2017 5/2/2017 Date Reserved* 5/3/2017 5/9/2017 5/16/2017 also if needed CRA 5:00 PM 6/6/2017—Date Reserved* 6/7/2017 6/13/2017 6/20/2017 7/5/2017—Date Reserved* 7/5/2017 7/11/2017 7/18/2017 also Budget Workshop 4:00 PM 8/1/2017—Date Reserved* 8/15/2017 also if needed 8/2/2017 8/8/2017 Budget Workshop 4:00 PM and CRA 5:00 PM 9/5/2017—Date Reserved* Week of Sept 4th- 8th—First Budget Hearing exact day/time TBD Note: Provided the dates Brevard County and the School Board meet do not conflict.Florida Law does not allow the City to hold meetings on the same day. 9/6/2017 9/12/2017 9/19/2017 Week of Sept 18th—22nd— Second Budget Hearing exact day/time TBD Note: Provided the dates Brevard County and the School Board meet do not conflict.Florida Law does not allow the City to hold meetings on the same day. 10/3/2017—Date Reserved* 10/6/2017 10/10/2017 10/17/2017 11/7/2017—Date Reserved* 11/8/2017 11/14/2017 11/21/2017 also if needed CRA 5:00 PM 12/5/2017—Date Reserved* 12/6/2017 12/12/2017 12/19/2017 *These dates are reserved if a meeting is necessary.Agendas will be published 1 week before the meeting. Approved by Council: Attachment 2 City of Cape Canaveral 2017 Holidays and Other Notable Dates 01/02/2017 New Year's Day (observed) City offices closed 01/16/2017 Martin Luther King Day City offices closed 02/20/2017 Presidents Day City offices closed 03/12/2017 Begin Day Light Savings Set clocks forward one hour & change smoke detector batteries 04/26/2017 Administrative Professional's Day 05/29/2017 Memorial Day City offices closed 07/04/2017 Independence Day City offices closed 08/11/2017 Begin Municipal Election Qualifying Noon, at City Hall 08/25/2017 End Municipal Election Qualifying Noon, at City Hall 09/04/2017 Labor Day City offices closed 10/03/2017 National Night Out (tentative — BCSO) Canaveral City Park (tentative) 11/05/2017 End Daylight Savings Set clocks back one hour & change smoke detector batteries 11/07/2017 General Election Day 11/10/2017 Veterans Day (observed) City offices closed 11/23/2017 Thanksgiving Day City offices closed 11/24/2017 Day after Thanksgiving City offices closed 12/22/2017 Christmas Eve (observed) City offices closed 12/25/2017 Christmas Day City offices closed