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HomeMy WebLinkAbout09-19-2017 Agenda Packet CAPE CANAVERAL CITY COUNCIL MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA September 19, 2017 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the City Council excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three(3)minutes.The City Council will not take any action under the "Public Participation"section of the agenda.The Council may schedule items not on the agenda as regular items and act upon them in the future. PRESENTATIONS/INTERVIEWS: 6:15 p.m. 6:25 p.m. "Engaging our Communities and State Legislative Actions",presented by City of Satellite Beach City Councilman and current Space Coast League of Cities First Vice President Dominick Montanaro. Interview Applicants for appointment to the Community Appearance Board. (Gail Sweet and Elana Whitehead) CONSENT AGENDA: 6:25 p.m. 6:30 p.m. 1. Approve Minutes for August 15, 2017 City Council Regular Meeting. 2. Resolution No. 2017-17; appointing Members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Gail Sweet and Elana Whitehead) 3. Resolution No. 2017-18; reappointing Members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Linda Brown,Joe Elliott,Desmond Wassell,Christopher Cloney,Walter Godfrey,Mickie Kellum,Maureen Michel, Alden Moe, Joanna Atwood& Mary Ernst) 4. Resolution No. 2017-19; 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. 5. Resolution No. 2017-20; authorizing an Agreement for municipal law enforcement services between the City of Cape Canaveral, Florida and Wayne Ivey, as Sheriff of City of Cape Canaveral, Florida City Council Meeting September 19, 2017 Page 2 of 2 Brevard County;providing for the repeal of prior inconsistent resolutions, severability and an effective date. 6. Resolution No. 2017-21; recognizing the importance of breastfeeding in accordance with Florida State Laws and Statutes; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 7. Resolution No. 2017-25; confirming and extending the Declaration of Civil Emergency approved by the Mayor on September 7, 2017 due to Hurricane Irma; providing for the termination of the Civil Emergency at 11:59 P.M. on September 22, 2017 unless otherwise extended by order of the Mayor; providing for severability and an effective date. 8. Resolution No. 2017-26; providing for a temporary waiver of Building Permit fees for repairs related to building or structural damage caused by Hurricane Irma;providing for an intent and purpose of this Resolution; providing for a filing period for eligible building permit applications; providing for severability and an effective date. 9. Approve the Tenth Addendum to Professional Services Agreement for Fertilization,Insect, Disease, Weed Control and Pest Control Services in the amount of$48,054 with Black's Spray Service, Inc. and authorize City Manager to execute same. 10. Approve the Second Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of$203,860 with SSS Brevard OPCO,LLC dba Green Leaf Landscaping & Irrigation and authorize City Manager to execute same. PUBLIC HEARING: 6:30 p.m. 6:40 p.m. 11. a. Resolution No. 2017-23; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Years 2017/2018 on all taxable property located within the City of Cape Canaveral,Brevard County, Florida; providing for an effective date. b. Ordinance No. 14-2017; adopting the Annual General Fund,Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018; providing for an effective date, second reading. REPORTS: 6:40 p.m. 6:50 p.m. ADJOURNMENT: Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings,and for such purpose that person may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act:all interested parties may attend this Public Meeting.The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office(868-1220 x220 or x221)48 hours in advance of the meeting. City of Cape Canaveral CityCouncil Agenda Form City Council Meeting Date: 9/19/2017 PRESENTATIONS/INTERVIEWS Subject: "Engaging our Communities and State Legislative Actions", presented by City of Satellite Beach City Councilman and current Space Coast League of Cities First Vice President Dominick Montanaro. Department: City Manager & City Clerk's Offices Summary: City of Satellite Beach Councilman Dominick Montanaro is currently serving as the First Vice President and has been chosen as the Space Coast League of Cities (SCLOC) President for 2018. As part of his duties/initiatives, Councilman Montanaro is visiting SCLOC member municipalities to present/discuss issues such as actions that can be undertaken when new legislation directly affects the quality of life of residents, current/future legislation aimed at undermining/dismantling municipal Home Rule powers and how engagement with citizens and the community can be an asset in sending a message to local legislators. As part of this initiative, Councilman Montanaro has requested time to speak on these issues at tonight's City Council Meeting. Submitting Department Directors: David L. Greene & Mia Goforth Date: 8/28/17 Attachment: None Financial Impact: Staff time to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/28/17 The City Manager recommends that City Council take the following action: Receive Presentation. Approved by City Manager: David L. Greene Date: 8/28/17 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/19/2017 PRESENTATIONS/INTERVIEWS Subject: Interview Applicants for appointment to the Community Appearance Board. (Gail Sweet and Elana Whitehead) Department: Community Development Summary: On July 19 and August 16, 2017, the Community Appearance Board unanimously approved Gail Sweet and Elana Whitehead to fill two vacancies,respectively. Ms. Sweet served on numerous boards/committees, including the Board of Chamber of Commerce, Historical Society and Educational Media and Technology Board in Burglinton County, New Jersey. Ms. Sweet was also involved in a $5 million capital expansion project of the Burlington County Library. Ms. Sweet indicates she enjoys living in Cape Canaveral and would like to be involved in how the City moves forward. She is also involved in the City's Community Garden project. Ms. Whitehead has a background in journalism, grant-writing communications and real estate. She is a 19-year resident of the City and states she is very concerned about the appearance and livability of the City. Per City Code of Ordinances Sec. 2-171(c)(5), any person nominated, elected or appointed to serve on a board or committee of the City shall complete interviews with the Board or Committee on which the person is seeking appointment and with the City Council. Based on the applicants' interviews and interest in the City of Cape Canaveral Community Appearance Board, the Board recommends they be appointed by the City Council. Submitting Department Director: David Dickey Date: 9-7-17 Attachments: 1 —Board Applications 2—Board Recommendation Memo Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/7/17 The City Manager recommends that City Council Le the following actis: Interview Applicants—Gail Sweet and Elana Whitehead. Approved by City Manager: David L. Greene Date: 9/7/17 Attachment 1 CITY OF CAPE CANAVERAL APPLICATION FOR APPOINTMENT TO CITY ADVISORY BOARD OR COMMITTEE Pursuant to Section 2-171, Cape Canaveral Code City Code requires prospective and existing board members to fill out an application. City Code also prohibits a person from serving on a City Board or Committee if that person has been convicted of a felony, unless their civil rights have been restored. Recieved Please complete the following in the space provided: MAY 03 2017 A. GENERAL CCO DZ 1. Applicant Name: Gail Sweet 2. Home Address: 8941 Lake Drive, D304, Cape Canaveral, FL 3. Home and Cellular Telephone: (home) 321-783-6946 (cell) 856-313-5053 4. Occupation: Library director Burlington County + County College, NS 5. Business Telephone: Retired 6. Business Address: 7. E-Mail: crumpet71@aol.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 *owner, parttime since 2005. full time since 9/2017 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: 4a. Have you ever been convicted or found guilty, regardless of adjudication, or a felony in any jurisdiction?Any plea of nob contendere (no contest)shall be considered a conviction for purposes of this question. (Y) (N) ✓ 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 1of 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: Enjoy living in Cape Canaveral and would like to be involved in how the city moves forward. Currently a community gardener. GREAT project! 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. Business and Economic Development Board c. Code Enforcement Board* d. 1 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. 3 Culture and Leisure Services Board g. 2 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: In New Jersey: Educational Media + Technology board. (Also Board of Chamber of Commege, Historical Society, Friends of the Library). 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. Involved in $5,000,000 expansion of Burlington County Library which included theater + ampitheater. 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: Gail Sweet Date: 4/28/2017 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: 5-3-17 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: MAR 29 2017 A. GENERAL 1. Applicant Name: Elana Whitehead 2. Home Address: 619 Monroe Ave. 3. Home and Cellular Telephone: 783-0857 (h) 626-4495(c) 4. Occupation: Real Estate Agent 5. Business Telephone: 6. Business Address: 7. E-Mail: elana@twopalms.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: 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 1of 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 EDW 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: As a 19-year resident of the City, I am very concerned about its appearance and livability. 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. Business and Economic Development Board c. Code Enforcement Board* d. 1 Community Appearance Board e. Construction Board of Adjustment and Appeals* f. 2 Culture and Leisure Services Board g. 3 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. background in journalism, grant-writing, communicators + real estate 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: Elana Whitehead . Date: 3/28/17 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: 3-29-2017 Date Appointed: Appointed by: Board Appointed to: Term Expires: Page 3 of 3 Attachment 2 105 Polk Avenue, Cape Canaveral, FL 32920 CITY OF CAPE CANAVERAL P.O. Box 326 321-868-1222 Community Development Memo TO: Cape Canaveral City Council VIA: David L. Greene, City Manager FROM: David Dickey,Community Development Director DATE: 9/1/2017 RE: Recommendation to the City Council—Community Appearance Board Applicants—Elana Whitehead and Gail Sweet At the July 19 and August 16, 2017 Community Appearance Board Meetings, the Board interviewed Gail Sweet and Elana Whitehead, respectively, to fill two vacancies. Based on their interest and backgrounds,the Board recommended the vacancies be filled by the aforementioned individuals. Please let me know if you have any questions. Thank you. Item No. 1 CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral,Florida TUESDAY August 15,2017 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:59 PM and led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Mayor Pro Tem Brendan McMillin Council Member Rocky Randels Council Member Betty Walsh Others Present: Community Engagement/Deputy Public Works Services Director Joshua Surprenant City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Economic Development Director Todd Morley Human Resources/Risk Management Director Jane Ross Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Public Works Services Director Ralph Lotspeich Brevard County Sheriff's Office Commander Linda Moros Brevard County Sheriff's Lieutenant Michael Green Cape Canaveral Volunteer Fire Department Assistant Chief Tracy Braley PUBLIC PARTICIPATION: Angela Raymond, 7048 Sevilla Court, reported a malfunction of the east-west crosswalk signal/light located at the corner of State Road AlA and Buchanan Avenue/Center Street, not allowing pedestrians enough time to cross the street and inquired about what can be done to fix the problem. Discussion ensued and included reporting the issue to the Space Coast Transportation Planning Organization, how much time is needed to cross the street before the light changes and a plan for Council to meet Ms. Raymond at the intersection to observe the crosswalk signal/light. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2017 Page 2 of 4 Jeff Sirmans,business owner at 8501 Astronaut Boulevard,requested that City Council review the City's Sign Code Ordinance regarding feather flag signs, stated he petitioned other businesses for signatures experiencing the same issues with Code Enforcement and explained how he uses his signs. Discussion ensued and included a suggestion to speak with the Community Development Department regarding the request, Staff's response explaining how banner signs are addressed in the Sign Code and by Code Enforcement, Sign Code revisions approved by City Council in September 2014 adding feather flags to the list of banners allowed in the City, reference to an email Staff and Council received concerning feather flags and opinions on both sides of the issue. Community Development Director Dickey offered to meet with Mr. Sirmans. PRESENTATIONS/INTERVIEWS: Presentation to the Financial Services Department of The Certificate of Achievement for Excellence in Financial Reporting Fiscal Year ending September 30, 2016: Administrative/Financial Services Director John DeLeo accepted the Certificate of Achievement from Mayor Hoog on behalf of the entire Financial Services Department and thanked Staff for their efforts. Interview Applicant for appointment to the Planning and Zoning Board. (Omar Capellan): City Attorney Garganese asked Mr. Capellan if the information on his application was true and correct to which he responded in the affirmative. Discussion ensued and included Mr. Capellan's reason for applying to serve on Planning and Zoning Board,his background in engineering and real estate and confirmation of his residency in the City since 2007. Council thanked Mr.Capellan for serving the City. CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent Agenda for discussion.Mayor Pro Tem McMillin removed item number three. 1. Approve Minutes for July 18, 2017 City Council Budget Workshop and Regular City Meetings. 2. Resolution No.2017-14; appointing and reappointing Members to the Planning and Zoning Board of the City of Cape Canaveral; providing for the repeal or prior inconsistent resolutions, severability and an effective date. (Omar Capellan and Harry Pearson) 3. Approve Atlantic Breeze Mixed-Use Concept Planned Development and associated Development Agreement and authorize City Manager to execute same. A motion was made by Council Member Walsh, seconded by Council Member Randels, to approve Items 1 and 2 from the Consent Agenda. The motion carried 5-0. #3 Discussion ensued regarding clarification of density criteria under the Development Agreement, the Economic Opportunity Overlay District, City Attorney Garganese's confirmation of lawfulness provided City Council approves the item, maximum residential density for mixed- use projects, project height and flexibility of mixed use projects/processes. Bob Scales of TSC Construction, LLC presented renderings of the Atlantic Breeze Project and answered questions.A City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2017 Page 3 of 4 motion was made by Mayor Pro Tem McMillin, seconded by Council Member Randels, to approve Item number 3 from the Consent Agenda. The motion carried 5-0. PUBLIC HEARING: 4. Ordinance No. 11-2017; prohibiting Medical Marijuana Treatment Center Dispensing Facilities from locating within the City; adopting other conforming amendments to the City Code to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing Facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, second reading. : City Attorney Garganese read the title into the record, explained the item related to a current City Ordinance on the books and recent State legislative action. Discussion ensued and included two options the Florida legislature has given to municipalities regarding Medical Marijuana. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tern McMillin, seconded by Council Member Brown, to adopt Ordinance No. 11-2017 at second reading. The motion carried 5-0. 5. Ordinance No. 12-2017; amending Section 110-609 of the City of Cape Canaveral Land Development Code; clarifying that Hotels are a permitted use in the AlA Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions, incorporation into the Code, severability and an effective date, second reading. : City Attorney Garganese read the title into the record. Mayor Hoog explained the item. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Randels,to adopt Ordinance No. 12-2017 at second reading. The motion carried 5-0. ITEMS FOR ACTION: 6. Resolution No. 2017-15; amending Appendix B, Schedule of Fees of the City Code related to assessment of Zoning and Building Permit fees; providing for the repeal of prior inconsistent resolutions, incorporation into the Code, severability and an effective date.: City Attorney Garganese read the title into the record. Mayor Hoog explained the item. Discussion ensued and included current low user fees, fees have not been adjusted since 1983, costs currently coming out of the General Fund, low fee increases being made,possibility of lowering Ad Valorem as a result and Council favorability for raising user fees rather than placing the burden on property owners and residents. A motion was made by Council Member Walsh, seconded by Council Member Randels,to adopt Resolution No. 2017-15. The motion carried 5-0. REPORTS: Community Engagement/Deputy Public Works Services Director Surprenant announced Disc Golf on Friday, August 18, from 5-8 PM and Fido Field Day on Saturday, August 26, from 8-11 AM, at Manatee Sanctuary Park. Proceeds from Fido Field Day will go towards the Brevard County Sheriff's Office Pet Posse. City of Cape Canaveral, Florida City Council Regular Meeting August 15, 2017 Page 4 of 4 Council Member Walsh commented that lights still need to be out at dusk and to also take caution while walking on the beach during sea turtle season. Council Member Brown congratulated Staff on the new playground at Manatee Sanctuary Park. Mayor Pro Tem McMillin mentioned there may be a need in the future to push for a limit on tourists and cruise ships. ADJOURNMENT: There being no further business, the Meeting adjourned at 6:57 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 9/19/2017 Item No. 2 Subject: Resolution No. 2017-17; appointing Members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Gail Sweet and Elana Whitehead) Department: City Clerk's Office Summary: Ms. Sweet and Ms. Whitehead were interviewed at the July 19, 2017 and August 16, 2017 Community Appearance Board Meetings,respectively,to fill two (2) vacancies. The Board recommended Ms. Sweet to fill the first existing term.This term,which expires May 1, 2019, has been vacant as former Board Member Joseph Mathos did not wish to be considered for reappointment in May, 2016. Due to this being a shortened term, Resolution No. 2017-17 (Attached) additionally appoints Ms. Sweet to a new term from May 1, 2019 to May 1, 2022. The Board also recommended Ms. Whitehead to fill the second existing term. This term, which expires May 1,2018, was vacated by Mary Jo Tichich,who resigned from the Board in August, 2016. Due to the short amount of time left in this existing term, Resolution No. 2017-17 additionally appoints Ms. Whitehead to a new term from May 1, 2018 to May 1, 2021. Following completion of these appointments, appointees shall be eligible for reappointment for one additional term, consistent with the limitations set forth in section 2-171(f), City Code. It is now incumbent upon Council to appoint Members to the Community Appearance Board. Submitting Department Director: Mia Goforth Date: 9/7/17 Attachment: Resolution No. 2017-17 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/7/17 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2017-17. Approved by City Manager: David L. Greene Date: 9/7/17 RESOLUTION NO. 2017-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; APPOINTING MEMBERS TO THE COMMUNITY APPEARANCE BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the City Council of the City of Cape Canaveral,Florida has by Section 22-36 established a Board known as the Community Appearance Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral, at its discretion, to appoint Members to the Community Appearance Board. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are deemed true and correct and are hereby incorporated herein by this reference as a material part of this Resolution. Section 2. Appointment to the Community Appearance Board. Pursuant to Sections 2-171(e) and (f) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby appoints the following individuals: Gail Sweet shall be appointed to the Community Appearance Board for an existing term which expires May 1, 2019; and for a term to expire on May 1, 2022. Elana Whitehead shall be appointed to the Community Appearance Board for an existing term which expires May 1, 2018; and for a term to expire on May 1, 2021. Following completion of their initial terms, these appointees shall be eligible for reappointment to the Community Appearance Board for an additional term consistent with the limitations set forth in section 2-171(f), City Code. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase,word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption and Signature Page Follows] City of Cape Canaveral Resolution No.2017-17 Page 1 of 2 ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of September, 2017. Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob Hoog City Clerk Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-17 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/19/2017 Item No. 3 Subject: Resolution No. 2017-18; reappointing Members to the Board of Adjustment, Code Enforcement Board, Culture and Leisure Services Board and Library Board of the City of Cape Canaveral;providing for the repeal of prior inconsistent resolutions,severability and an effective date. (Linda Brown,Joe Elliott,Desmond Wassell,Christopher Cloney,Walter Godfrey,Mickie Kellum, Maureen Michel, Alden Moe, Joanna Atwood & Mary Ernst) Department: Legislative Summary: The terms for Board of Adjustment Members Linda Brown, Joe Elliott and Desmond Wassell,Code Enforcement Board Members Christopher Cloney and Walter Godfrey, Culture and Leisure Services Board Members Mickie Kellum and Maureen Michel and Library Board Members Alden Moe, Joanna Atwood and Mary Ernst will expire October 1, 2017. Each Board Member expressed a desire to continue serving on their respective Boards for an additional three-year term (Attachment 1). Ms. Brown has been serving since April 2009, Mr. Elliott since November 2014, Mr. Wassell and Mr. Cloney since April 2014, Mr. Godfrey since February 1993, Ms. Kellum since October 2014, Ms. Michel since February 2013, Mr. Moe since February 2014, Ms. Atwood since May 1980 and Ms. Ernst since May 2003. Following completion of their additional terms, these Appointees may be eligible for reappointment to their respective boards 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. It is now incumbent upon Council to reappoint each to their respective Boards. Submitting Department Director: Mia Goforth Date: 9/5/17 Attachments: (1) Expiration Notices (2) Resolution No. 2017-18 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/5/17 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2017-18. Approved by City Manager: David L. Greene Date: 9/5/17 Attachment 1 [city seal] City of Cape Canaveral August 9, 2017 Linda M. Brown 703 Solana Shores Drive,B407 Cape Canaveral,FL 32920 Dear Ms. Brown: Your term on the Board of Adjustment will expire on October 1, 2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) LINDA M. BROWN, Board Member Sincerely, Mia Goforth,CMC City Clerk Encl: SASE 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • FAX (321) 868-1248 www ciryofcapecanaveral.org • email:info@cityofcapecanaveral.org City of Cape Canaveral CITY OF CAPE CANAVERAL August 9,2017 Joe Elliott 141 Aquarius Way,Apt.J Cape Canaveral,FL 32920 Dear Mr. Elliott: Your term on the Board of Adjustment will expire on October 1, 2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) JOE ELLIOTT, Board Member Sincerely, Mia Goforth,CMC City Clerk Encl: 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 August 9,2017 Desmond Wassell 8903 Laguna Lane,#504 Cape Canaveral,FL 32920 Dear Mr. Wassell: Your term on the Board of Adjustment will expire on October 1, 2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) DESMOND WASSELL, Board Member Sincerely, Mia Goforth, CMC City Clerk End: 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 August 9,2017 Christopher C. Cloney 550 Jackson Avenue, #303 Cape Canaveral,FL 32920 Dear Mr. Cloney: Your term on the Code Enforcement Board will expire on October 1, 2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) CHRISTOPHER C. CLONEY, Board Member Sincerely, Mia Goforth City Clerk Encl: 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 CITY OF CAPE CANAVERAL August 9, 2017 Walter P. Godfrey, Jr. 433 Johnson Avenue Cape Canaveral,FL 32920 Dear Mr. Godfrey: Your term on the Code Enforcement Board will expire on October 1, 2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish be considered for reappointment. (Signature) WALTER P. GODFREY, JR., Vice-Chairperson Sincerely, Mia Goforth City Clerk Encl: 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 CITY OF CAPE CANAVERAL August 9,2017 Mickie Kellum 8910 Coquina Lane Cape Canaveral,FL 32920 Dear Ms. Kellum: Your term on the Culture and Leisure Services Board will expire on October 1,2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) MICKIE KELLUM, Board Member Sincerely, Mia Goforth City Clerk Encl: 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 August 9,2017 Maureen Michel 302 Lindsey Court Cape Canaveral,FL 32920 Dear Ms. Michel: Your term on the Culture and Leisure Services Board will expire on October 1,2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) MAUREEN MICHEL,Board Member Sincerely, Mia Goforth City Clerk End: 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 August 9, 2017 Alden J. Moe 8914 Puerto Del Rio Drive, #201 Cape Canaveral,FL 32920 Dear Mr.Moe: Your term on the Library Board will expire on October 1,2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) ALDEN J.MOE, Vice-Chairperson Sincerely, Mia Goforth City Clerk Encl: 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 August 9, 2017 Joanna Atwood 184 Long Point Road Cape Canaveral,FL 32920 Dear Ms.Atwood: Your term on the Library Board will expire on October 1,2017. 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 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 September 19, 2017 (your presence at which is not required). X I DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) JOANNA ATWOOD, Board Member Sincerely, Mia Goforth City Clerk Encl: 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 August 9,2017 Mary Ernst 8494 Ridgwood Avenue,#4305 Cape Canaveral,FL 32920 Dear Ms. Ernst: Your term on the Library Board will expire on October 1,2017. 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 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 September 19, 2017 (your presence at which is not required). X DO wish to be considered for reappointment. ❑ I DO NOT wish to be considered for reappointment. (Signature) MARY ERNST, Board Member Mia Goforth, CMC City Clerk Encl: 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.2017-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING MEMBERS TO THE BOARD OF ADJUSTMENT, CODE ENFORCEMENT BOARD, CULTURE AND LEISURE SERVICES BOARD AND LIBRARY BOARD OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 110-26 established a Board known as the Board of Adjustment; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 2-256 established a Board known as the Code Enforcement Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 54-26 established a Board known as the Culture and Leisure Services Board; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Section 46-26 established a Board known as the Library Board; and WHEREAS,it is now incumbent upon the City Council of the City of Cape Canaveral to reappoint Members to said Boards. 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. Reappointment to City Advisory Boards. Pursuant to Section 2-171(e) of the Cape Canaveral City Code, the City Council of the City of Cape Canaveral hereby reappoints the following individuals to the Boards indicated below: Linda Brown, Joe Elliott and Desmond Wassell shall be reappointed to the Board of Adjustment, to serve until October 1, 2020. Christopher Cloney and Walter Godfrey shall be reappointed to the Code Enforcement Board, to serve until October 1, 2020. Mickie Kellum and Maureen Michel shall be reappointed to the Culture & Leisure Services Board, to serve until October 1, 2020. Alden Moe, Joanna Atwood and Mary Ernst shall be reappointed to the Library Board, to serve until October 1, 2020. City of Cape Canaveral Resolution No.2017-18 Page 1 of 2 Following completion of their second terms, these appointees may be eligible for reappointment to their respective Boards 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 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of September, 2017. Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, Bob Hoog City Clerk Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-18 Page 2 of 2 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/19/2017 Item No. 4 Subject: Resolution No. 2017-19; 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. Department: City Clerk's Office Summary: The City of Cape Canaveral Volunteer Fire Department,Inc. (CCVFD)entered into a Contract on September 25, 2007 for CCVFD to provide Fire Protection and Emergency Medical Services to the City. The City Council annually considers/approves a resolution authorizing an Addendum to the original Contract which extends through September 30, 2034. Under the Addendum put forth,the parties agree as follows: 1. The City and CCVFD entered into a Contract for Services dated September 25, 2007 which expires September 30, 2034; 2. The Contract provides that the City and CCVFD shall renegotiate the base contract each year after the first year; 3. The parties have agreed to keep the same base annual Contract price for the 2017/18 year of$1,748,425,payable at $145,702.08 monthly, unchanged from the previous year. The total cost for services from CCVFD for the fiscal year,including Capital, is $1,850,425. The total budget for the fiscal year is $2,056,338, which includes fire hydrant fees, postage and plan review fees. 4. Paragraph 20 of the Contract is amended to reflect new contact Address for the City. Submitting Department Director: Mia Goforth Date: 9/7/17 Attachment: Resolution No. 2017-19 with Addendum Financial Impact: As put forth in the City's 2017-2018 Annual Budget and reflected in the 2017-2018 Contract Addendum, the City agrees to pay CCVFD the base annual Contract price of$1,748,425 payable in monthly installments of$145,702.08; Staff time/effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/6/17 The City Manager recommends that City Council to the following action: Adopt Resolution No. 2017-19. Approved by City Manager: David L. Greene Date: 9/7/17 RESOLUTION NO. 2017-19 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; 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. WHEREAS, the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department, Inc. have entered into that certain Contract for Services dated September 25, 2007; and Resolution No. 2015-05 was adopted on May 19, 2015 for the purposes of modifying the term for Services to expire on September 30, 2034; and WHEREAS, said Contract provides that the City and the Cape Canaveral Volunteer Fire Department, Inc. shall renegotiate the base contract each year after the first contract year. 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. Execution of Addendum. The Mayor and City Clerk are authorized to execute an Addendum to the Contract for Services between the City of Cape Canaveral and the Cape Canaveral Volunteer Fire Department,Inc.to provide for a base contract price for the contract year October 1,2017 through September 30, 2018. A copy of said Addendum is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of September, 2017. [Signature Page Follows] City of Cape Canaveral Resolution No.2017-19 Page 1 of 2 Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, Bob Hoog City Clerk Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-19 Page 2 of 2 Resolution No. 2017-19 Attachment ADDENDUM THIS ADDENDUM is entered into this 19th day of September, 2017 by and between the CITY OF CAPE CANAVERAL, FLORIDA, hereinafter called the "City", and the CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Florida corporation,hereinafter called the"Corporation." WHEREAS, the City and the Corporation have entered into that certain Contract for Services dated September 25,2007("Contract"),which Contract is for a term of twenty-seven(27) years; and WHEREAS, said Contract requires the City and the Corporation to re-negotiate the base contract price for each year of the Contract after the first year; and WHEREAS,the parties have agreed to a revised Contract price for the period October 1, 2017 through September 30,2018. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties agree as follows: 1. Recitals. The parties agree that the above recitals are true and correct and incorporated into the body of this Agreement by this reference. 2. Price Revision. Paragraph 13 of the Contract is amended to read as follows: "The City agrees that in return for services specified herein, it will pay the Corporation the base annual contract price of $1,748,425. The compensation provided for herein shall be paid monthly in the sum of$145,702.08 per month commencing on the first day of October, 2017 and continuing on the first day of each month thereafter. The parties shall renegotiate the base contract price for each successive year of this contract annually." 3. Notice Revision. Paragraph 20 of the Contract is amended to read as follows: "Notice or other writing required or permitted under this Agreement shall be given to the Corporation, attention Fire Chief and/or President at 190 Jackson Avenue, Cape Canaveral, Florida, 32920; and to the City, attention City Manager at 100 Polk Avenue, Post Office Box 326, Cape Canaveral, Florida, 32920." 4. Continuing Effect. Except as modified by this Addendum, the Contract shall remain in full force and effect. [Signature Page Follows] Resolution No. 2017-19 Cape Canaveral Volunteer Fire Department Attachment Addendum to Contract 2017/2018 Page 2 of 2 IN WITNESS WHEREOF, the undersigned CITY OF CAPE CANAVERAL, a municipal corporation,by its duly authorized officer,has executed this instrument this 19th day of September, 2017. CITY OF CAPE CANAVERAL,FLORIDA ATTEST: a Municipal Corporation By: Mia Goforth, CMC, Bob Hoog, MAYOR CITY CLERK (Corporate Seal) IN WITNESS WHEREOF, the undersigned CAPE CANAVERAL VOLUNTEER FIRE DEPARTMENT, INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit corporation, by its authorized officers, has executed this instrument this day of September, 2017. CAPE CANAVERAL VOLUNTEER FIRE ATTEST: DEPARTMENT,INC., d/b/a CANAVERAL FIRE RESCUE, a non-profit Corporation Secretary By: (Corporate Seal) Dave Sargeant, FIRE CHIEF City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/19/2017 Item No. 5 Subject: Resolution No. 2017-20; authorizing an Agreement for municipal law enforcement services between the City of Cape Canaveral,Florida and Wayne Ivey,as Sheriff of Brevard County; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Administrative/Financial Services Summary: The City of Cape Canaveral and Wayne Ivey, in his capacity as the Sheriff of Brevard County, Florida, hereinafter referred to as "Sheriff" or "BCSO", entered into an Agreement for BCSO to provide Municipal Law Enforcement Services. The Agreement will expire on September 30, 2017. This Resolution adopts an Agreement from October 1, 2017 through September 30,2022. A Summary of the contract provision follows: Article 1 supplies Definitions for the Agreement. Article 2 outlines the Level of Law Enforcement Service,which is 24-hour law enforcement service with a minimum of two deputies on patrol. It also outlines the staffing levels for the Agreement. Article 3 outlines the Ancillary Services available such as, but not limited to, emergency response, Canine (K-9) patrol, explosive ordnance disposal, intelligence functions, mounted patrol, aviation, technical support, street crimes enforcement, multi-agency task force operations, victim services, DUI enforcement, marine/dive team, SWAT team response, major investigations, crime scene investigators, crime prevention programs, public awareness programs, drug enforcement and money laundering enforcement. Article 4 indicates Capital Equipment purchases are to be made by the Sheriff, rather than the City, as in past years. The vehicles previously purchased by the City will be returned to the City when they are replaced or the Agreement is terminated.The City also agrees to provide facilities for use by BCSO. Article 5 indicates all persons employed to perform the services, functions and responsibilities of the Agreement are to be employees of BCSO and the City is not liable for payment of salaries, wages, contributions to pension funds, insurance, workers' compensation fund, etc. Article 6 outlines the Sheriff is to have full and complete responsibility for the control of the standards of performance,discipline of personnel and other matters related to the services,duties and responsibilities of the Agreement. The City Manager is given certain rights to request transfer of personnel who, by mutual agreement, fail to perform in a manner consistent with standards of the Agreement. Article 7 sets the compensation the City will pay BCSO for FY 2017/2018 at $2,515,910. This represents the total Contract price of$2,643,910 minus$128,000 credit for services provided to Avon-by-the Sea. Monthly payments of$209,659.17 will be made to BCSO. This section will be negotiated annually through the budgetary process. Article 8 requires patrol units to be prominently marked with the name "Cape Canaveral". Article 9 covers natural disasters, emergency operations and funding for same. Article 10 indicates responsibility for application, administration and disposition of grants are that of the City. Article 11 sets forth insurance requirements and responsibilities for both parties. Article 12 outlines the distribution of Forfeiture Funds collected from operations originating by personnel assigned to the Precinct or when personnel assigned to the Precinct participate in operations outside of the City.Distributions are made according to thresholds based on the dollar value seized. City Council Meeting Date: 9/19/2017 Item No. 5 Page 2 of 3 Article 13 sets forth how Police Education Income Funds will be distributed for continuing professional education of personnel assigned to the Precinct. Articles 14 covers the Hold Harmless Clause whereby the City and Sheriff each will be responsible for any and all manner of action and actions which may be claimed by a third party due to intentional or negligent acts or omissions of its own employees, officers or agents. Moreover, each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. Article 15 outlines Disputes and Disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement and will be presented specifically, in writing, by the party-claiming dispute. Requirements for formal responses and meeting times are specific and if settlement is not attained, each party shall submit the issues to binding arbitration pursuant to Chapter 682,Florida Statutes. Article 16 provides Notice whereby notices and claims and any other matter requiring written communication to a party shall be given to the Sheriff or City as applicable. Addresses for the Sheriff and City are contained within. Article 17 outlines Term of Agreement which contains a five (5) year term commencing on October 1,2017 and ending September 30,2022,and provides City and Sheriff shall renegotiate the contract price each year for the term of the contract. Article 18 covers Modification which states that this Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties. Article 19 outlines Termination whereby either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for the termination of this Agreement shall be given not less than 180 days prior to the requested termination date. Indemnification applies in terms of compensation for services rendered through contract termination date. Article 20 outlines Legality of Agreement which states any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. Article 21 covers Totality of Agreement whereby this Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between City and Sheriff as to the subject matter hereof. Article 22 covers Public Records in accordance with section 119.0701, Florida Statutes. Submitting Department Director: John DeLeo Date: 9/15/17 Attachment: Resolution No. 2017-20 with Agreement for Municipal Law Enforcement Services Financial Impact: As amended in the City's 2017/2018 Proposed Annual Budget and reflected in the FY 2017/2018 — FY 2021/2022 Agreement, the compensation to be paid by the City to BCSO shall be $2,643,910 less $128,000 credit for Avon-By-The-Sea for net monthly payments for FY 2017/2018 of $209,659.17. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/14/17 City Council Meeting Date: 9/19/2017 Item No. 5 Page 3 of 3 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2017-20. Approved by City Manager: David L. Greene Date: 9/15/17 RESOLUTION NO. 2017-20 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AUTHORIZING AN AGREEMENT FOR MUNICIPAL LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF CAPE CANAVERAL, FLORIDA AND WAYNE IVEY, AS SHERIFF OF BREVARD COUNTY; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral desires to have the Sheriff provide Municipal Law Enforcement Services; and WHEREAS, said Contract contains a five (5) year term commencing on October 1, 2017 and ending September 30,2022, and provides the City and the Sheriff shall renegotiate the contract price each year for the term of the contract. 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. Execution of Agreement. The Mayor and City Clerk are authorized to execute an Agreement for Municipal Law Enforcement Services between the City of Cape Canaveral and the Sheriff to provide services for the contract year October 1, 2017 through September 30, 2022. A copy of said Agreement is attached hereto and made a part hereof by this reference as if fully set forth. SECTION 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date.This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of September, 2017. [Signature Page Follows] City of Cape Canaveral Resolution No.2017-20 Page 1 of 2 Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC, Bob Hoog City Clerk Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-20 Page 2 of 2 Resolution No. 2017-10—Attachment CAPE CANAVERAL LAW ENFORCEMENT AGREEMENT FY 2017/2018 —FY 2021/2022 This Agreement made and entered into this day of September, 2017 by and between the City of Cape Canaveral,a municipality,chartered in the State of Florida,by and through its elected City Council,hereinafter referred to as the"CITY", and Wayne Ivey, in his capacity as the Sheriff of Brevard County,Florida, a county constitutional officer and a county charter officer,hereinafter referred to as the"SHERIFF" or"BCSO". WITNESSETH WHEREAS,the CITY is located within Brevard County, Florida; and WHEREAS,the CITY is desirous to contract its law enforcement services to SHERIFF; and WHEREAS,BCSO is authorized by law to exercise its authority throughout Brevard County, including within the City of Cape Canaveral. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises set forth in this Agreement, the receipt and legal sufficiency of which are hereby acknowledged,the parties hereby agree as follows: ARTICLE I,DEFINITIONS: The following terms shall have the respective meanings hereinafter set forth for the purposes of this Agreement: 1. Commanding Officer: The sworn law enforcement officer of executive rank employed by the SHERIFF and designated to administer the contractual services as provided by this Agreement. The Commanding Officer is responsible for the delivery of services, discipline of the personnel under their command, and to act as liaison with the City Manager, Cape Canaveral. 2. Consideration Agreement: A legally binding written agreement executed by both the SHERIFF and the CITY as to the payment of consideration by the CITY to the SHERIFF for service to the CITY in a future fiscal year,i.e., a Consideration Agreement is valid only if it is approved, adopted and legally binding on all parties to the same prior to the beginning of the fiscal year covered by the Agreement. 3. Effective Date: October 1, 2017. 4. Fiscal Year: A period of time beginning on October 1St of the designated year and ending September 30th of the following year. 5. Service: Comprehensive professional law enforcement and protection on a twenty-four (24)hour per day basis, except hereinafter stated, including reactive patrol to enforce State Laws and, to the extent allowable by law, City Ordinances of the CITY; pro-active patrol to deter criminal activity; and traffic patrol to enforce traffic laws and prevent traffic accidents/crashes. 6. Shift: Service provided on an eight, ten or twelve hour basis (assigned at the discretion of the SHERIFF or designee)based on operational needs. 7. State of Emergency: The facts, events and circumstances which result in a declaration of disaster or other state of emergency by the Governor of the State of Florida or the United States government. Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 2 of 11 ARTICLE II, LEVEL OF LAW ENFORCEMENT SERVICE: As an accredited law enforcement organization, BCSO and the Canaveral Precinct being a part thereof will conduct law enforcement operations in accordance with accreditation standards as outlined in BCSO General Orders. BCSO shall provide the CITY for the term hereinafter set forth, as the same may be extended in accordance with the provisions hereof, competent professional law enforcement service, within and throughout the jurisdictional area of the CITY. SHERIFF shall at all times endeavor to provide the CITY with service similar to that which they would enjoy with a municipal police department, to the extent and in the manner hereinafter described: 1. Provide 24-hour law enforcement services to CITY and enforce all laws for which BCSO has jurisdiction to enforce. 2. There shall be a minimum of two deputies on patrol within the jurisdictional boundaries of CITY at all times in accordance with accepted law enforcement practices. During any exception to the foregoing because of illness, emergency, or any other reason, patrol services may be augmented by mutual aid service. Patrol shall be construed to mean, the actual patrolling of the jurisdictional area of the CITY, or attending to an observed or reported incident or availability to provide law enforcement services. 3. A representative of BCSO shall be present at City Council meetings or other public meetings when so reasonably requested by the City Manager or his/her designee. 4. Commencing on the Effective Date, staffing provided by this Agreement will be as follows: Sworn Staffing Title Total Funding Source Precinct Commander 1 City 0.5 /CPA 0.5 Lieutenant 4 City 2.0/ CPA 2.0 Seaport Security Manager 1 CPA 1.0 Sergeant 6 City 3.0/ CPA 3.0 Corporal (Patrol) 4 City 2.0/ CPA 2.0 Corporal (Special Operations) 2 City 1.0/CPA 1.0 Deputy (Patrol) 25 City 12.0 /CPA 13.0 Deputy (K-9) 8 CPA 8.0 Deputy (Marine) 5 CPA 5.0 Corporal (Community Services) 1 CPA 1.0 Agent (Major Crimes) 2 City 0.5 / CPA 1.5 Agents (General Crimes) 3 City 1.5 /CPA 1.5 Deputy (School Resource Officer) 1 City 1.0 Total 63 City 23.5 /CPA 39.5 Non-Sworn Staffing Maritime Security Officer 22 CPA 22.0 Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 3 of 11 Crime Analyst 1 City 0.5 / CPA 0.5 Patrol Support Specialist 1 City 0.5 / CPA 0.5 Security Access Specialist 13 CPA 13.0 Records Technician 1 City 0.5 /CPA 0.5 Desk Officers 2 City 2.0 Public Service Aide 1 City 1.0 Sr. Staff Assistant 2 City 1.0 /CPA 1.0 Communications Officer 1.5 City 1.0 /CPA 0.5 Human Resource Officer 2 City 1.0/CPA 1.0 Mechanic 1 City 0.5 / CPA 0.5 Information Technology Specialist 1 City 0.5 /CPA 0.5 Total 48.5 City 8.5 /CPA 40.0 5. BCSO shall make all good faith efforts to promptly fill any personnel vacancy occurring throughout the duration of this contract. ARTICLE III, LAW ENFORCEMENT AND ANCILLARY SERVICES: Law Enforcement Services shall include the law enforcement related functions and duties to be performed by SHERIFF and shall encompass duties and functions under the jurisdiction of and customarily rendered by SHERIFF under state statutes. Those duties shall include, but are not limited to, receiving and dispatching calls for service, investigating criminal complaints, crimes and security breaches, trespass, burglary, theft, homicide, drug offenses, assaults, fraud, missing persons, special event details, enforcement operations and related services such as polygraph, evidence management, report/record maintenance, etc. Ancillary services not specifically identified within this Agreement shall be made available to CITY at no additional charge to the Agreement Consideration. Those ancillary services shall include,but are not limited to,emergency response, Canine (K-9) patrol, explosive ordnance disposal, intelligence functions, mounted patrol, aviation, technical support, street crimes enforcement, multi-agency task force operations, victim services, DUI enforcement, marine/dive team, SWAT team response,major investigations, crime scene investigators, crime prevention programs, public awareness programs, drug enforcement, money laundering enforcement and the continuity of staff and Support Services. ARTICLE IV, MAINTENANCE OF ABILITY: All Capital Equipment purchased by SHERIFF for use in the performance of this Agreement shall remain in the exclusive control of SHERIFF. Ownership of vehicles purchased after October 1, 2011 shall remain with SHERIFF at all times. Ownership of vehicles purchased prior to September 30,2011 shall remain with CITY.Upon termination of this Agreement or the surplus of any vehicle purchased with CITY funds,the vehicle or proceeds from the surplus of a vehicle shall be returned to the CITY. Ownership of all other equipment, regardless of acquisition date for funding used to acquire it, shall remain with BCSO. Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 4 of 11 CITY shall provide facilities for use by SHERIFF in performing this Agreement. In the facilities provided by CITY for use by SHERIFF, CITY hereby agrees to provide for all routine maintenance, repairs and replacement of existing facilities, pay all charges for utilities and other services required for the operation of the facilities. Janitorial services are currently provided by BCSO through inmate work crews. In the event janitorial services are no longer available in any given fiscal year, CITY shall provide janitorial services. The facilities shall be used for the sole purpose of providing the services as defined in this Agreement. Any other use of these facilities shall be negotiated as to cost and extent. ARTICLE V, EMPLOYMENT RESPONSIBILITY: All persons employed by BCSO in the performance of the services, functions and responsibilities as described and contemplated herein for the CITY shall remain BCSO employees, and no one of such persons shall be considered in the employ of CITY for the purpose of pension, benefits, insurance benefits, civil service benefits, compensation or any status or right. Accordingly, CITY shall not be called upon to assume any liability for or direct payment of any salaries, wages or other compensation, contributions to pension funds, insurance premiums, workers' compensation funds, vacation or compensatory time, sick leave benefits or any other amenities of employment to any BCSO personnel performing services, duties and responsibilities herein for the benefit of CITY or any other liabilities whatsoever, unless specifically provided herein. Likewise, unless specifically provided to the contrary herein, CITY shall not be liable for compensation, contribution or indemnity to BCSO or the employees thereof for any injury or illness, of any kind whatsoever, arising out of such employment and in the performance of the services, duties and responsibilities contemplated herein. ARTICLE VI, EMPLOYMENT RIGHT OF CONTROL: SHERIFF shall have and maintain the responsibility for and the control of the rendition of the services, the standards of performance, the discipline of personnel and other matters incident to the performance of the services, duties and responsibilities described and contemplated herein. 1. CITY, by its City Manager, shall have the right to request BCSO to transfer personnel who,by mutual agreement of the City Manager and the Sheriff,fails to perform in a manner consistent with standards contemplated herein. 2. CITY agrees to cooperate with BCSO, its Deputy Sheriffs and other departmental personnel in all reasonable ways in order to effectively provide the service required herein. 3. The ultimate control and direction of the manner in which any BCSO employee shall carry out and perform his/her duties under this Agreement shall rest with SHERIFF; provided, however, BCSO agrees that it will cooperate with CITY so as to concentrate its efforts in particular areas or incidents called to the attention of the Commanding Officer, Canaveral Precinct by the City Manager or his/her designee. ARTICLE VII, CONSIDERATION: 1. The compensation to be paid by CITY to BCSO for Fiscal Year 2017/2018 shall be the sum of$2,515,910 for Contract Services. The fee amount to be paid for contract services of$2,643,910 less credit for Avon-by-The-Sea of$128,000 totals $2,515,910. Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 5 of 11 2. Payments shall be made to BCSO by CITY in twelve equal monthly installments of $209,659.16 payable on or before the first day of each month. 3. The Consideration Clause of this Agreement shall be negotiated annually through the budgetary process between CITY and SHERIFF. 4. Written agreement as to the compensation paid by CITY to BCSO for each subsequent year shall be in force by October 1st of the affected year. Should a mutually agreeable fee not be reached by September 30, of the affected year, the fee will be equal to that of the previous year, plus 4% for operational increases. This amount may be adjusted by mutual agreement after the start of the fiscal year, after CITY approves a budget. 5. Any request for modification of service levels contemplated within this Agreement shall be accomplished by written request to SHERIFF, and if necessary, amendment to the fee then in effect. 6. Should CITY desire that the SHERIFF provide services at a higher level than contemplated herein, CITY, through its City Manager, may negotiate with SHERIFF regarding modification of this Agreement and shall bring such modification to the City Council for their consideration and appropriate action. 7. Cost of Investigation funds received by BCSO shall be remitted to CITY on a quarterly basis. ARTICLE VIII, SPECIAL EQUIPMENT PROVISO: BCSO shall provide, in furtherance of the fulfillment of the responsibilities imposed hereby and the intent contemplated herein, without additional costs therefore, additional marking with the name "Cape Canaveral", prominently displayed on Patrol Units. ARTICLE IX, NATURAL DISASTERS AND EMERGENCY OPERATIONS: 1. Upon declaration of a federal disaster by the United States government or other state of emergency, declared by the Governor of the State of Florida, or by mutual agreement between CITY and SHERIFF, CITY agrees to fund the additional personnel, overtime, capital and operational expenses, incurred by BCSO during the declaration period for the benefit of CITY. 2. Any State or Federal aid sought in relief for such disasters or emergencies shall be the responsibility of CITY. BCSO will provide documentation for all expenditures incurred pursuant to BCSO General Order 300.08. (a) When an emergency condition has been declared by SHERIFF, and employees in all precincts/offices performing non-essential functions on a county-wide basis are granted paid administrative leave by SHERIFF to return home,those employees of SHERIFF required to work during the emergency conditions, in lieu of the paid administrative leave, shall receive compensatory time for all normally scheduled hours worked (hour for hour basis)in which non-essential employees of SHERIFF are granted paid administrative leave and, in addition, shall be paid as follows: (1) Employees of SHERIFF shall be paid at time and one-half for all hours worked during the declared emergency conditions. (2) Upon approval from SHERIFF, Commanders, Majors, Directors and Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 6 of 11 Managers may receive compensatory time for hours worked outside their normal work hours during the declared emergency conditions. (3) Temporary employees of SHERIFF shall not be eligible to receive paid administrative leave during a declared emergency. In the event a temporary employee is required to work during the declared emergency they shall be paid time and one-half for working the emergency event. (b) Employees of SHERIFF who are required to work during the recovery effort period, as established by SHERIFF, shall be paid time and one half for all hours worked during the recovery effort period. (c)Employees of SHERIFF who are on a pre-approved leave or regularly scheduled day off during the declared emergency period are not eligible for administrative leave. ARTICLE X, GRANTS: SHERIFF or his designee may inform the City Manager or his/her designee, of any grants brought to his/her attention that would be beneficial to law enforcement operations at Cape Canaveral. CITY shall be responsible for the application, administration and disposition of any and all such grants. ARTICLE XI, INSURANCE: SHERIFF agrees to provide law enforcement officers professional liability insurance coverage for bodily injury and property damage caused by an occurrence arising out of the scope and performance of the duties of said law enforcement officers and support personnel covered by this Agreement. SHERIFF will provide automobile liability insurance for bodily injury and property damage for vehicles used by BCSO under the terms and conditions of this Agreement. 1. SHERIFF may elect to join with a recognized self-insurance program with other law enforcement agencies to provide insurance coverage described above. Costs of such described insurance will be part of the funds provided by CITY. 2. CITY shall provide its own fire, storm, flood, property damage and public liability insurance for bodily injury, for the facilities furnished by CITY to SHERIFF and shall name SHERIFF as an additional insured, at no cost to SHERIFF. 3. CITY assumes all risk of loss not covered by insurance. ARTICLE XII, FORFEITURE FUNDS: 1. SHERIFF agrees that within the provisions of the Florida Contraband Forfeiture Act (Sections 932.701 through 932.707, Florida Statutes), proceeds collected pursuant to the Florida Contraband Forfeiture Act will be utilized to enhance law enforcement operations within CITY. 2. Final proceeds from the forfeiture of any Contraband article as described in 932.701, Florida Statute collected pursuant to the Florida Contraband Forfeiture Act, Sections 932.701 through 932.706, Florida Statutes, shall be distributed as follows: (a) As monies are spent on operational needs, forfeited monies will be first used to reimburse the operational fund of the SHERIFF prior to any asset sharing. Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 7 of 11 Operational funds of the SHERIFF are used for seizure and forfeiture proceedings, personnel,confidential funds,investigative expenses,equipment purchases, official use and legal services. (b) The remaining net proceeds after reimbursement of funds shall be distributed among the SHERIFF and the involved agencies in a direct percentage proportion based on the number of personnel assigned to the operation which resulted in the ultimate seizure and forfeiture of the contraband Article collected. 3. SHERIFF may sell seized property, other than cash,which is forfeited by a court. The net proceeds of the sale (gross proceeds reduced by the payment of the costs incurred in connection with the sale)shall be distributed to the SHERIFF and the participating agencies as described herein. If an item of personal property, other than cash, including a vehicle, vessel or aircraft, is seized, for which a party herein has a special need, the SHERIFF may determine that such personal property is not to be sold, whereupon such personal property is to be distributed or otherwise officially used as Sheriff determines. 4. SHERIFF shall supply documentation of awarded and recovered investigative fees, on a monthly basis as provided by Clerk of the Court. Payments actually received by SHERIFF will be made to CITY by BCSO on a quarterly basis. 5. Proceeds collected on account of investigations initiated after termination of this Agreement, shall be the sole property of SHERIFF. ARTICLE XIII, TRAINING: CITY upon request of SHERIFF, shall disburse when available, Police Education Income Funds (Second Dollar) to SHERIFF, for the continuing professional education of personnel assigned to Canaveral Precinct. ARTICLE XIV, HOLD HARMLESS CLAUSE: CITY and SHERIFF each will be responsible for any and all manner of action and actions, cause and causes of action, suits,trespasses,judgments, executions, claims and demands and losses and damages, costs and expenses of any kind whatsoever, including attorney fees and court costs, which may be claimed by any third party to have resulted from or arise out of the intentional or negligent acts or omissions of its own employees, officers or agents of the other,whether occurring before or after CITY and SHERIFF assumed the obligations of this Agreement. Each party will be responsible for defending any actions, claims or suits arising from any act or omission of its own employees, officers or agents. ARTICLE XV, DISPUTES AND DISAGREEMENTS: During the duration of this Agreement, all disputes and disagreements between the parties relative to either party's performance under the terms and conditions of this Agreement will be presented specifically,in writing,by the party-claiming dispute. Thereafter,the responding party will answer specifically in writing within thirty (30) days to the claimant. Within forty-five (45) days thereafter, the parties will meet at a mutually agreeable time and place to either settle the dispute, or mutually agree to the facts and issues. Thereupon, if not settled, each party shall submit the issues to binding arbitration pursuant to Chapter 682, Florida Statutes. Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 8 of 11 ARTICLE XVI, NOTICE: Notices, claims and any other matter requiring written communication to a party shall be given as follows: To the SHERIFF: Brevard County Sheriff's Office Attn: Wayne Ivey, Sheriff 700 Park Avenue Titusville, Florida 32780 To the CITY: City of Cape Canaveral Attn: City Manager 100 Polk Avenue Cape Canaveral, Florida 32920 ARTICLE XVII, TERM OF AGREEMENT: This Agreement contains a five (5) year term commencing on October 1, 2017 and ending September 30, 2022, and provides City and Sheriff shall renegotiate the contract price each year for the term of the contract. ARTICLE XVIII, MODIFICATION: This Agreement shall not be modified except by a written Modification Agreement, signed and properly approved by both parties hereto. ARTICLE XIX, TERMINATION: Either party may terminate this Agreement without cause or further liability to the other, upon written notice, to the other party. Written notice for the termination of this Agreement shall be given not less than 180 days prior to the requested termination date. 1. Written notice shall be delivered by registered mail or certified mail, return receipt requested, and is deemed delivered through signed receipt. 2. Upon any such termination all further obligations shall cease, except payment for services rendered up to midnight of the effective date of termination. ARTICLE XX,LEGALITY OF AGREEMENT: Any obligations of this Agreement that are hereafter determined by a court of competent jurisdiction to be illegal are void, and neither party will be obligated to further perform as to such obligations. If a nonmaterial portion of the total obligation of this contract is hereby severed, the balance of the lawful portions hereof will continue to be performed. ARTICLE XXI, TOTALITY OF AGREEMENT: This Agreement supersedes any other agreement between the parties, oral or written, and contains the entire agreement between City and Sheriff as to the subject matter hereof. ARTICLE XXII,PUBLIC RECORDS: Pursuant to Section 119.0701,Florida Statutes and other applicable public records laws, SHERIFF Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 9 of 11 agrees that any records, documents, transactions, writings, papers, letters, computerized information and programs,maps,books, audio or video tapes, films,photographs, data processing software, writings or other materials(s), regardless of physical form, characteristics, or means of transmission, of Sheriff related, directly or indirectly, to the services provided to the CITY under this Agreement are made or received pursuant to law or ordinance or in connection with the transaction of official business by the CITY, may be deemed to be a public record, whether in the possession or control of the CITY or the SHERIFF. Said records, documents, transactions writings, papers, letters, computerized information and programs, maps, books, audio or video tapes, films, data processing software, writings or other material(s), regardless of the physical form, characteristics, or means of transmission of SHERIFF are subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the CITY's designated custodian of public records. IF THE SHERIFF HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE SHERIFF'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS/CITY CLERK AT (321) 868-1220, 100 POLK AVENUE, CAPE CANAVERAL, FLORIDA 32920. SHERIFF is required to and agrees to comply with public record laws. SHERIFF shall maintain all public records required by CITY to perform the services as agreed to herein. SHERIFF shall provide the CITY, upon request from the CITY CLERK, copies of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by law. SHERIFF shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term. Upon completion of the Agreement, SHERIFF shall transfer to CITY, at no cost,all public records in possession of the SHERIFF,provided the transfer is requested in writing by the CITY CLERK. Upon such transfer, SHERIFF shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. However, if the CITY CLERK does not request that the public records be transferred,the SHERIFF shall continue to keep and maintain the public records upon completion of the Agreement and shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from the CITY CLERK, in a format that is compatible with the information technology systems of CITY. Should the CITY not possess public records relating to this Agreement which are requested to be inspected or copied by the CITY or any other person, the CITY shall immediately notify the SHERIFF of the request and the SHERIFF shall then provide the public records to the CITY or allow the records to be inspected or copied within a reasonable time. If the SHERIFF does not comply with a public records request, the CITY may enforce this Section to the extent permitted by law. SHERIFF acknowledges that if SHERIFF does not provide the public records to the CITY within a reasonable time, the SHERIFF may be subject to penalties under Section 119.10,Florida Statutes. The SHERIFF acknowledges that if a civil action is filed against the SHERIFF to compel production of public records relating to this Agreement, the court may assess and award against Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 10 of 11 the SHERIFF the reasonable costs of enforcement, including reasonable attorney fees. All public records in connection with the Agreement shall, at any and all reasonable times during the normal business hours of the SHERIFF, be open and freely exhibited to the CITY for the purpose of examination, audit, or otherwise. Failure by the SHERIFF to grant such public access and comply with public records laws and/or requests shall be grounds for immediate unilateral cancellation of this Agreement by the CITY upon delivery of written notice of cancellation. If the SHERIFF fails to comply with this Section, and the CITY must enforce this Section, or the CITY suffers a third party award of attorney's fees and/or damages for violating Chapter 119, Florida Statues, due to the SHERIFF's failure to comply with this Section, the CITY shall collect from the SHERIFF prevailing party attorney's fees and costs and any damages incurred by the City, for enforcing this Section against the SHERIFF. And,if applicable,the CITY shall also be entitled to reimbursement of all attorneys' fees and damages which the CITY had to pay a third party because of the SHERIFF's failure to comply with this Section. The terms and conditions set forth in this Section shall survive the termination of this Agreement. IN WITNESS WHEREOF,the parties hereto have hereunto set their hands and seals the day and the year first written above. ATTEST: SHERIFF OF BREVARD COUNTY, FLORIDA Wayne Ivey, SHERIFF Approved as to form and content: Charles Ian Nash, General Counsel for Sheriff Wayne Ivey Date: Resolution No. 2017-10—Attachment City of Cape Canaveral Law Enforcement Contract Fiscal Year 2017/2018 —2021/2022 Page 11 of 11 ATTEST: MAYOR OF THE CITY OF CAPE CANAVERAL Mia Goforth, CMC Bob Hoog, MAYOR CITY CLERK Approved as to form and content: Anthony A. Garganese, City Attorney City of Cape Canaveral Date: City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 9/19/2017 Item No. 6 Subject: Resolution No. 2017-21; recognizing the importance of breastfeeding in accordance with Florida State Laws and Statutes; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Legislative Summary: The Florida Department of Health in Brevard County is working to promote breastfeeding to improve infant health. Both mothers and children benefit from breast milk, which contains antibodies that protect infants from bacteria and viruses. Breastfed children have fewer ear, respiratory and urinary tract infections and have diarrhea less often. Breastfeeding also provides long-term preventative effects for the mother, including an earlier return to pre- pregnancy weight and a reduced risk of pre-menopausal breast cancer and osteoporosis. According to the Centers for Disease Control and Prevention, in 2011, 79% of newborn infants started to breastfeed, yet breastfeeding did not continue for as long as recommended. Of infants born in 2011,49% were breastfeeding at 6 months and 27% at 12 months. A mother's ability to continue breastfeeding can be influenced by many community factors, where local municipalities can play a major role by supporting breastfeeding. Resolution No. 2017-21 (Attached) outlines and affirms the City's commitment to recognizing the importance of and encouraging accommodations for breastfeeding. Submitting Council Member: Mayor Bob Hoog Date: 8-[illegible]-17 Attachment: Resolution No. 2017-21 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/1/17 The City Manager recommends that City Council tak the following action: Adopt Resolution No. 2017-21. Approved by City Manager: David L. Greene Date: 9/5/17 RESOLUTION NO. 2017-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; RECOGNIZING THE IMPORTANCE OF BREASTFEEDING IN ACCORDANCE WITH FLORIDA STATE LAWS AND STATUTES;PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the American Academy of Pediatrics,the American College of Obstetricians and Gynecologists, the American Academy of Family Physicians, the Academy of Breastfeeding Medicine and the World Health Organization recommend that babies be exclusively breastfed for the first six months of an infant's life and continue to be breastfed until 12 months of age or longer as mutually desired; and WHEREAS, in January 2011, the United States Surgeon General announced a "Call to Action to Support Breastfeeding" that identifies barriers to optimal breastfeeding in health care practices, employment, communities, research, public health infrastructure and social networks and recommended methods in which families, communities, employers and health care professionals could help eliminate those barriers to improve breastfeeding rates and increase support for breastfeeding; and WHEREAS, the breastfeeding of a baby is an important and basic act of nurture which must be encouraged in the interests of maternal and child health and family values; and WHEREAS, a mother may breastfeed her baby in any location, public or private, where the mother is otherwise authorized to be; and WHEREAS, the health benefits to breastfed children and their mothers, results in lower health care costs for employers, less employee time off to care for sick children and higher productivity and employee loyalty; and WHEREAS,mothers who breastfeed have a decreased risk of breast, uterine and ovarian cancer, postpartum depression and osteoporosis later in life; and WHEREAS, the nutrients exclusive to human milk are vital to the growth, development and maintenance of the human brain and cannot be manufactured; and WHEREAS,employers, employees,and society benefit by supporting a mother's decision to breastfeed and by helping to reduce the obstacles to initiating and continuing breastfeeding; NOW,THEREFORE,BE IT DULY RESOLVED THAT 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. City of Cape Canaveral Resolution No.2017-21 Page 1 of 2 Section 2. Support and Encouragement of Breastfeeding. The City of Cape Canaveral does hereby recognize the unique health, economic and societal benefits that breastfeeding provides to babies,mothers, families and the community and affirms that barriers to initiation and continuation of breastfeeding should be removed. The City of Cape Canaveral encourages employers to strongly support and encourage breastfeeding by striving to provide accommodations of appropriate space and time to allow employees to express their milk. Section 3. Repeal of Prior Inconsistent Resolutions. All prior resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED at a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, assembled this 19th day of September, 2017. Bob Hoog,Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob Hoog City Clerk Brendan McMillin Rocky Randels Betty Walsh Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No.2017-21 Page 2 of 2 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 9/19/2017 Item No. 7 Subject: Resolution No. 2017-25; confirming and extending the Declaration of Civil Emergency approved by the Mayor on September 7, 2017 due to Hurricane Irma;providing for the termination of the Civil Emergency at 11:59 P.M. on September 22, 2017 unless otherwise extended by order of the Mayor; providing for severability and an effective date. Department: City Manager's Office Summary: On September 7, 2017, Mayor Bob Hoog, in consultation with City Staff and the City Attorney, issued a local emergency declaration (Attachment to Resolution No. 2017-25 [Attached])pursuant to Section 18-2 of the City Code due to the impending Hurricane Irma. The City is in the process of implementing its Emergency Management Plan, in conjunction with other local, state and federal agencies, to deal with the aftermath of Hurricane Irma. The powers invoked in the aforementioned Emergency Declaration are being utilized to protect the public health, safety and welfare of the City's citizens. Staff has prepared Resolution No. 2017-25 for City Council to confirm and extend the Emergency Declaration until 11:59 P.M. on September 22, 2017. This is anticipated to provide an adequate timeframe to fully implement the City's Emergency Management Plan to restore/repair City functions/infrastructure to pre-storm levels. Submitting Department Director: David L. Greene Date: 9/15/17 Attachment: Resolution No. 2017-25 with September 7,2017 Declaration of Civil Emergency Financial Impact: Staff time/effort in preparing Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/14/17 The City Manager recommends that City Council t e the following acti n: Adopt Resolution No. 2017-25. Approved by City Manager: David L. Greene Date: 9/15/17 RESOLUTION NO. 2017-25 A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA; CONFIRMING AND EXTENDING THE DECLARATION OF CIVIL EMERGENCY APPROVED BY THE MAYOR ON SEPTEMBER 7, 2017 DUE TO HURRICANE IRMA; PROVIDING FOR THE TERMINATION OF THE CIVIL EMERGENCY AT 11:59 P.M. ON SEPTEMBER 22, 2017 UNLESS OTHERWISE EXTENDED BY ORDER OF THE MAYOR; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, On September 7, 2017, Mayor Bob Hoog, in consultation with City Staff and the City Attorney, issued a local emergency declaration pursuant to Section 18-2 of the City Code due to the impending Hurricane Irma; and WHEREAS, the City Council hereby finds that the City is currently in a state of emergency due to the fact that in conjunction with other local, state and federal agencies, the City is still in the process of implementing the City's emergency management plan and dealing with the aftermath of Hurricane Irma; and WHEREAS, the City Council further finds that it is necessary and reasonable for the City to continue exercising emergency powers invoked by the Declaration of Civil Emergency approved by the Mayor in order to protect the public health, safety and welfare of the citizens of Cape Canaveral; and WHEREAS, pursuant to Section 18-2 of the City Code, the City Council finds that it is necessary to confirm and extend the Declaration of Civil Emergency approved by the Mayor as more specifically provided for herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Resolution to be in the best interest of the public health, safety, and welfare of the citizens and businesses of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CAPE CANAVERAL,FLORIDA,AS FOLLOWS: Section 1. Recitals. The following recitals are true and correct and hereby fully incorporated herein by this reference as part of this Resolution. Section 2. Confirming and Extending Civil Declaration of Emergency. Pursuant to Section 18-2 of the City Code, the City Council hereby confirms and extends the Declaration of Civil Emergency approved by the Mayor on September 7, 2017 until September 22, 2017 at 11:59 P.M., unless otherwise extended by order of the Mayor. An executed copy of the Declaration of Civil Emergency is attached to this Resolution and fully approved by the City Council and incorporated herein by this reference. City of Cape Canaveral Resolution No. 2017-25 Page 1 of 2 Section 3. Termination of Declaration of Civil Emergency. The Declaration of Civil Emergency shall remain in effect within the jurisdictional limits of the City of Cape Canaveral until September 22, 2017 at 11:59 P.M,unless otherwise extended by order of the Mayor. Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Resolution. Section 5. Effective Date. This Resolution shall take effect immediately upon adoption by the City Council. ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled this 19th day of September, 2017. Bob Hoog,Mayor Name FOR AGAINST Mike Brown Bob Hoog Brendan McMillin Rocky Randels Betty Walsh ATTEST: Mia Goforth, CMC City Clerk 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. 2017-25 Page 2 of 2 Resolution No. 2017-25—Attachment BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL DECLARATION OF CIVIL EMERGENCY WHEREAS,Hurricane Irma has the potential for causing extensive damage to life and properties within all cities and municipalities within the geographic area of the City of Cape Canaveral and poses an immediate threat; and WHEREAS, Hurricane Irma has the potential for causing extensive damage to public utilities, public buildings, public streets and roads, public drainage systems, commercial and residential building and areas; and WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political subdivision such as the City of Cape Canaveral to declare a state of local emergency and to exercise certain powers and authority to safeguard the lives and property of its citizens; and WHEREAS, pursuant to Section 18-2 of the City Code of the City of Cape Canaveral, Florida, the Mayor shall have the right to declare a civil emergency provided the declaration is in writing in the event the City Council cannot be convened at a meeting in a timely manner to address the civil emergency; and NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME,AS MAYOR OF THE CITY OF CAPE CANAVERAL,FLORIDA UNDER SECTION 18-2, that Hurricane Irma poses a serious threat to the lives and property of the residents of the City of Cape Canaveral and that a state of local emergency is declared effective this 7th day of September, 2017 for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this resolution. SECTION 2. As Mayor, I hereby authorize the City to exercise its authority and powers pursuant to Florida Statutes 252.38(3)(a) and Chapter 18 of the City Code, and under the direction of the City Manager to the extent necessary to protect the public health,safety and welfare and the best interests of the City of Cape Canaveral,which include the authority and powers to: 1. CONTRACTS; EQUIPMENT, SUPPLIES. Appropriately expended funds; make contracts; obtain and distribute equipment, materials and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergencies; and direct and coordinate the development of emergency management plans set by the Federal and State Emergency Management agencies. City of Cape Canaveral Mayor Declaration of Emergency Hurricane Irma Page 1 of 3 Resolution No. 2017-25—Attachment 2. ADDITIONAL PERSONNEL: Appoint, employ, remove, or provide (with or without compensation) coordinators, rescue teams, fire and police personnel,. and other emergency management workers. 3. EMERGENCY OPERATING CENTERS: Establish, as necessary, a primary and one or more secondary emergency operating centers to provide continuity of government and direction and control of emergency operations. 4. ASSIGNMENT — CITY PROPERTY/PERSONNEL: Assign and make available for duty the offices and agencies which operate under the City Council. of the City of Cape Canaveral, including the employees, property, and equipment thereof relating to firefighting, engineering, rescue, health,medical and related services, police, transportation, construction, and similar items or services for emergency operation purposes, as the primary emergency management forces of the City of Cape Canaveral for employment within or outside the political limits of the City of Cape Canaveral. 5. REQUEST FOR ASSISTANCE: Request County assistance or invoke emergency related mutual aid assistance by declaring a state of local emergency in the event of emergency affecting the City of Cape Canaveral. 6. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise required of the City of Cape Canaveral by taw pertaining to: a) Performance of public work and taking whatever prudent action necessary to ensure the health, safety, and welfare of the community b) Entering into contracts c) Incurring obligations d) Employment of permanent and temporary workers e) Utilization of volunteer workers f} Rental of equipment g) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities h) Appropriation and expenditure of public funds 7. DURATION OF DECLARATION. Pursuant to Section 18-4 of the City Code, this declaration of civil emergency shall commence immediately, and shall terminate when the declaration has been rescinded or terminated by resolution of the City Council or written instrument executed by the undersigned Mayor. SECTION 3. All public officials and employees of the City of Cape Canaveral are hereby directed to exercise the utmost diligence in the discharge of the duties City of Cape Canaveral Mayor Declaration of Emergency Hurricane Irma Page 2 of 3 Resolution No. 2017-25—Attachment required of them for the duration of the emergency and in the execution of emergency laws, regulations and directives, state and local. SECTI©N 4. All citizens are called upon and directed to comply with the necessary emergency measures, to cooperate with public officials and civil emergency disaster service forces in executing the emergency operational plans, and to obey and comply with the lawful directions of properly identified public officers. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase,word,or portion of this declaration is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Effective Date. This declaration shall become effective immediately upon the execution of this declaration by the undersigned. SECTION 7. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this declaration to all members of the City Council, City Manager, City Attorney, City Department Directors, and other appropriate government officials. DECLARED by the Mayor of the City Council of the City of Cape Canaveral, Florida, this 7th day of September, 2017. Bob Hoog, Mayor ATTEST(City Seal): Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for The City of Cape Canaveral only: Anthony A. Garganese, City Attorney City of Cape Canaveral Mayor Declaration of Emergency Hurricane Irma Page 3 of 3 City of Cape Canaveral [city seal] City Council Agenda Form Meeting Date: 9/19/2017 Item No. 8 Subject: Resolution No. 2017-26; providing for a temporary waiver of Building Permit fees for repairs related to building or structural damage caused by Hurricane Irma; providing for an intent and purpose of this Resolution; providing for a filing period for eligible building permit applications; providing for severability and an effective date. Department: Community Development Summary: Due to the amount of damage resulting from Hurricane Irma, it is proposed that building permit fees be waived for any building permit filed with the City related to repairing building or structural damage caused by Hurricane Irma. All such applications must be filed with the City's Building Department on or after September 11, 2017, but no later than November 14, 2017. The City Council shall have the option to extend this Resolution for an additional sixty(60)days if authorized prior to the expiration of this Resolution. The intent is to facilitate/expedite repairs and to lessen the financial burden on property owners. All improved properties in the City are eligible for a waiver. The City Council previously implemented a short-term waiver to certain building fees associated with Hurricane Matthew in October of 2016 for a period of sixty(60) days. A sworn statement certifying the damage was caused by Hurricane Irma will be required as part of the permit application. The Building Official or designee shall be responsible for verifying that the repairs being permitted are directly related to damage caused by Hurricane Irma. Submitting Department Director: David Dickey Date: 9-15-17 Attachment: Resolution No. 2017-26 Financial Impact: Loss of certain building permit fees through November 14,2017; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/14/17 The City Manager recommends that City Council a the following action: Adopt Resolution No. 2017-26. Approved by City Manager: David L. Greene Date: 9/15/17 RESOLUTION NO. 2017-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; PROVIDING FOR A TEMPORARY WAIVER OF BUILDING PERMIT FEES FOR REPAIRS RELATED TO BUILDING OR STRUCTURAL DAMAGE CAUSED BY HURRICANE IRMA; PROVIDING FOR AN INTENT AND PURPOSE OF THIS RESOLUTION; PROVIDING FOR A FILING PERIOD FOR ELIGIBLE BUILDING PERMIT APPLICATIONS; PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Hurricane Irma caused extensive damage to properties within the geographic area of the City of Cape Canaveral; and WHEREAS, the City Council previously established a schedule of building permits fees by resolution pursuant to Section 82-15 of the City Code; and WHEREAS, in order to expedite the repairs required as a result of the damage caused by Hurricane Irma and to provide relief to property owners suffering from hurricane related hardships, the City Council desires to temporarily waive building permit fees for permit applications related to repairing such damage; and WHEREAS, this Resolution is adopted pursuant to the Florida Municipal Home Rule Powers Act, Section 166.222, Florida Statutes, Section 82-15 of the City Code, and the emergency powers vested in the City Council pursuant to all applicable law; and WHEREAS, the City Council hereby finds that this Resolution is in the best interests of the citizens and businesses of Cape Canaveral; and NOW,THEREFORE,BE IT RESOLVED, as follows: SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Resolution. SECTION 2. Intent and Purpose. It is the intent and purpose of this Resolution to only address building or structural damage directly caused by Hurricane Irma. This Resolution is not intended to apply to building permit applications filed with the City that are not related to repairing building or structural damage caused by Hurricane Irma. To the extent that a particular building or structure was substantially destroyed by Hurricane Irma and is beyond repair according to the City's building City of Cape Canaveral Resolution No. 2017-26 Page 1 of 3 official, a new replacement building or structure on the same property as the substantially destroyed building or structure shall be considered a repair under this Resolution. SECTION 3. Temporary Waiver of Building Permit Fees. The City Council of the City of Cape Canaveral hereby provides that building permit fees are hereby waived for any building permit application filed with the City related to repairing building or structural damage caused by Hurricane Irma. All such applications must be filed with the City's Building Department on or after September 11, 2017, but no later than November 14, 2017. The City Council shall have the option to extend this Resolution for up to an additional sixty (60) days if authorized prior to the expiration of this Resolution. For purposes of granting the building permit fee waiver, the building official or his or her designee shall be responsible for verifying that the repairs being permitted are directly related to damage caused by Hurricane Irma. Notwithstanding the fee waiver authorized by this Section, all building application, licensing, insurance, inspection, and other building permit conditions required by law shall apply. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 5. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Adoption Page Follows] City of Cape Canaveral Resolution No. 2017-26 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida, in an emergency meeting assembled this 19th day of September, 2017. Bob Hoog,Mayor Name FOR AGAINST Mike Brown Bob Hoog Brendan McMillin Rocky Randels Betty Walsh ATTEST: Mia Goforth, CMC City Clerk 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. 2017-26 Page 3 of 3 City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 09/19/2017 Item No. 9 Subject: Approve the Tenth Addendum to Professional Services Agreement for Fertilization, Insect,Disease,Weed Control and Pest Control Services in the amount of$48,054 with Black's Spray Service, Inc. and authorize the City Manager to execute same. Department: Public Works Services Summary: This contract was awarded to Black's Lawn Care and Pest Control, Inc. (Black's) in 2008 for providing services including fertilization,disease and weed control of turf areas and the Central Ditch. A contract for pest control services for all City buildings was awarded to Black's in 2010. In general, Staff is very pleased with the services provided by Black's. Black's proposed unit prices for grounds,weed and pest control and facilities pest control have not increased for FY2017-2018. However, additional fees ($450) have been added to perform services at the new City Hall. Total cost for all services is $48,054. Bid tab sheets detailing the proposed costs and services to be provided by Black's for FY2017-2018 are included as Exhibit "1"to the Attachment. The initial Professional Services Agreement between the City and Black's allowed for five (5) extensions of one-year periods. The Seventh Addendum to the Agreement (executed in 2014 with an expiration of September 30, 2015) provided that "(t)he parties shall have the option to extend the term of this Agreement for two (2) additional one-year periods." The Eighth Addendum provided for a one-year extension period, which expired on September 30, 2016. The Ninth Addendum provided for the current one-year extension period, which is set to expire on September 30,2017 and authorized an additional option yea for FY2017-20118. Submitting Department Director: Ralph Lotspeich Date: 9/6/17 Attachment: Tenth Addendum to Professional Service Agreement with Exhibit "1" FY2017- 2018 Bid Tab Sheets. Financial Impact: $48,054 with Black's Spray Service, Inc. for Fertilization, Insect, Disease, Weed Control and Pest Control Services funded by Departments throughout the City; Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/30/17 The City Manager recommends that City Council tak the following action: Approve the Tenth Addendum to Professional Services Agreement for Fertilization, Insect, Disease, Weed Control and Pest Control Services in the amount of$48,054 with Black's Spray Service, Inc. and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date: 8/31/17 TENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT THIS TENTH ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Tenth Addendum")is made and entered this day of , 2017 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida, 32920 ("City"), and BLACK'S SPRAY SERVICE, INC., a Florida corporation, whose principal address is 3625 North Courtenay Parkway, Merritt Island, Florida 32953 ("Contractor"). WITNESSETH: WHEREAS, the City and Contractor previously entered into a Professional Services Agreement("Agreement")for fertilization,insect, disease, and weed control of turf areas and weed control of the Central Ditch; and WHEREAS,the Agreement, as amended by several addenda, is scheduled to terminate on September 30, 2017; and WHEREAS, the parties mutually desire to extend the term of the agreement as set forth herein, and the City desires to waive the competitive bidding process for the purpose of extending the term of the agreement; and WHEREAS,this Tenth Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE,in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: ARTICLE 1 —RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. ARTICLE 2—EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2017 and terminating on September 30, 2018. The parties shall have the option to extend the term of this Agreement for one (1) additional year period. Any such extension shall be by mutual written agreement of all parties and shall be executed no less than ninety (90) days prior to the expiration of this Agreement's current term. Tenth Addendum to Professional Services Agreement City of Cape Canaveral /Black's Spray Service, Inc. Page 1 of 3 ARTICLE 3 —PAYMENT OF CONTRACTOR Article 6 of the Agreement,which addresses payment of contractor,is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $48,054.00 for chemical applications (e.g., fertilization, insect control, and weed control) as described in Exhibit "1," Chemical Applications Bid Tab Sheet. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement will be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices will be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. ARTICLE 4—OTHER PROVISIONS Any other term or provision of the Agreement not expressly modified by this Tenth Addendum, or the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth or Ninth Addenda, shall remain in full force and effect. [Remainder of page intentionally left blank. Signature page follows] Tenth Addendum to Professional Services Agreement City of Cape Canaveral /Black's Spray Service, Inc. Page 2 of 3 IN WITNESS WHEREOF,the parties hereto have executed this Tenth Addendum as of the day and year first above written. CITY: City of Cape Canaveral,Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Mia Goforth, CMC, City Clerk CONTRACTOR: Black's Spray Service,Inc., a Florida corporation. WITNESSES: By: Carlos S. Boyer, President Print Name: Print Name: Tenth Addendum to Professional Services Agreement City of Cape Canaveral /Black's Spray Service, Inc. Page 3 of 3 Exhibit "1" City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2017/18 APPLICATION AREAS UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR A City Hall,Cape Center,Sheriffs Annex, Library Turf Applications(Granular/Liquid) $ 165.00 6 $ 990.00 Annex-111 Polk Ave. Ornamental Fertilization(Granular) $ 360.00 2 $ 720.00 City Hall/Cape Center-100/105 Polk Ave NOTE:Charges for the New City Hall and Youth Center/CAPE Center will not be billed until completion of landscaping and occupancy of building has occurred. Tree Fertilization(Granular) $ 100.00 2 $ 200.00 Herbicide Applications $ 120.00 10 $ 1,200.00 Library-201 Polk Ave. City Hall-$130X6; (See note above) Sheriffs Annex-$65X6; Rec Center-$65X6; Canaveral Park-$145X6; Facilities Pest Control Manatee Park-$50X6; Public Works-$125X6; Streets-$55X6 $ 635.00 6 $ 3,810.00 B Recreation Complex Turf Applications(Granular/Liquid) $ 105.00 6 $ 630.00 Ornamental Fertilization(Granular) $ 120.00 2 $ 240.00 7300 N Atlantic Ave. Tree Fertilization(Granular) $ 30.00 2 $ 60.00 Herbicide Applications $ 75.00 10 $ 750.00 C Xeriscape Park South Side of City Hall 105 Polk Ave.between Polk and Taylor Herbicide Applications Avenues $ - 10 $ - D Veteran's Memorial Park Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Adjacent to Library Ornamental Fertilization(Granular) $ 45.00 2 $ 90.00 201 Polk Ave. Herbicide Applications $ 30.00 10 $ 300.00 Page 1 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2017/18 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR E Bennix Park Turf Applications(Granular/Liquid) $ 150.00 6 $ 900.00 Washington Ave. Ornamental Fertilization(Granular) $ 135.00 2 $ 270.00 (Between N.Atlantic and Rosalind Ave.) Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Herbicide Applications $ 60.00 10 $ 600.00 F Canaveral&Canaveral Beach Blvd Turf Applications(Granular/Liquid) $ 180.00 6 $ 1,080.00 Ornamental Fertilization(Granular) $ 105.00 2 $ 210.00 Medians Only Tree Fertilization(Granular) $ 45.00 2 $ 90.00 Herbicide Applications $ 75.00 10 $ 750.00 G N Ridgewood,E Central,W Central Turf Applications(Granular/Liquid) $ 360.00 6 $ 2,160.00 Ornamental Fertilization(Granular) $ 210.00 2 $ 420.00 Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Herbicide Applications $ 210.00 10 $ 2,100.00 H Cape View Tree Line and Kindergarten Turf Applications(Granular/Liquid) $ 15.00 6 $ 90.00 Cape View Elementary School Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 8840 Rosalind Ave. Tree Fertilization(Granular) $ 45.00 2 $ 90.00 Herbicide Applications $ 15.00 10 $ 150.00 Page 2 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2017/18 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR I Harbor Heights Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Harbor Dr. Ornamental Fertilization(Granular) $ 30.00 2 $ 60.00 (Off North Atlantic Ave.) Tree Fertilization(Granular) $ 15.00 2 $ 30.00 Herbicide Applications $ 30.00 10 $ 300.00 J North Atlantic Avenue Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Ornamental Fertilization(Granular) $ 415.00 2 $ 830.00 Tree Fertilization(Granular) $ 415.00 2 $ 830.00 Herbicide Applications $ 350.00 10 $ 3,500.00 K Canaveral City Park and Ball Park Turf Applications(Granular/Liquid) $ 180.00 6 $ 1,080.00 Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 7920 Orange Ave-(Top Choice-Both $ - Infields and Outfields; Playground;and, Herbicide Applications Pavilion) $ 30.00 10 $ 300.00 Turf Application Little League Infield $ 75.00 12 $ 900.00 Top Choice Application $ 1,100.00 1 1 $ 1,100.00 L Center Street Park and Streetscape Turf Applications(Granular/Liquid) $ 15.00 6 $ 90.00 West End of Center St. Ornamental Fertilization(Granular) $ 90.00 2 $ 180.00 (Off N.Atlantic Ave.) Tree Fertilization(Granular) $ 30.00 2 $ 60.00 Herbicide Applications $ 100.00 10 $ 1,000.00 Page 3 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2017/18 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR M South City Entrance Sign Turf Applications(Granular/Liquid) $ - Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 N Atlantic Ave. Tree Fertilization(Granular) $ 15.00 2 $ 30.00 (Between Grant Ave.and Johnson Ave.) Herbicide Applications $ 15.00 10 $ 150.00 N A1A Landscaped Areas Ornamental Fertilization(Granular) $ 225.00 2 $ 450.00 Tree Fertilization(Granular) $ 225.00 2 $ 450.00 Herbicide Applications $ 210.00 10 $ 2,100.00 O Patriot's Park Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 West End of Longpoint Rd. Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 (W side of N Atlantic Avenue) Tree Fertilization(Granular) $ 15.00 2 $ 30.00 Top Choice-Playground Herbicide Applications $ 30.00 10 $ 300.00 Top Choice Application $ 100.00 I 1 $ 100.00 P Columbia Drive Turf Applications(Granular/Liquid) $ 45.00 6 $ 270.00 Ornamental Fertilization(Granular) $ - Tree Fertilization(Granular) $ 30.00 2 $ 60.00 Herbicide Applications $ - Page 4 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2017/18 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR Q Thurm Blvd Medians Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 Herbicide Applications $ - R Manatee Park Turf Applications(Granular/Liquid) $ 30.00 6 $ 180.00 801 Thurm Blvd(Park located on river just Ornamental Fertilization(Granular) $ 45.00 2 $ 90.00 north of Cape Canaveral Public Works Tree Fertilization(Granular) $ 60.00 2 $ 120.00 Facility-Top Choice-Pavilion,Exercise Herbicide Applications $ 300.00 10 $ 3,000.00 Trail and Bench Areas Top Choice Application $ 750.00 1 $ 750.00 S Banana River Park Turf Applications(Granular/Liquid) $ 150.00 6 $ 900.00 Ornamental Fertilization(Granular) $ 22.50 2 $ 45.00 901 Thurm Blvd-Top Choice Areas-Soccer Tree Fertilization(Granular) $ 82.50 2 $ 165.00 Field and Playground Herbicide Applications $ 90.00 10 $ 900.00 Top Choice Application $ 700.00 1 $ 700.00 T N City Entrance Sign A1A Turf Applications(Granular/Liquid) 6 $ - North End of Cape Canaveral on west side of Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 Astronaut Blvd. Tree Fertilization(Granular) 2 $ - Herbicide Applications $ 15.00 10 $ 150.00 Page 5 of 8 City of Cape Canaveral Chemical Applications BID TAB SHEET FY 2017/18 APPLICATION AREAS(Continued) UNIT COST TIMES PER TOTAL COST ADDRESS/NOTES YEAR U N Atlantic Entrance Sign Turf Applications(Granular/Liquid) 6 $ - North end of Cape Canaveral on west side of Ornamental Fertilization(Granular) $ 15.00 2 $ 30.00 N.Atlantic Ave.by Port Entrance Herbicide Applications $ 15.00 10 $ 150.00 V Water Reclamation Plant Turf Applications(Granular/Liquid) 6 $ - Ornamental Fertilization(Granular) $ 30.00 2 $ 60.00 701 Thurm Blvd. Tree Fertilization(Granular) $ 90.00 2 $ 180.00 Herbicide Applications $ - 10 $ - North and south sides of West Central Blvd W AQUATICS between Commerce St and Oak Manor Ln- $50.00X12=$600.00; Manatee Park Ponds-$16.25X12=$195.00; Water Treatment Plant Ponds- $6.25X12=$75.00 Aquatic Herbicide Application $ 290.00 12 $ 3,480.00 X Sandpiper Park Playground(Canaveral Ballpark) Turf Applications(Granular/Liquid) $ 60.00 6 $ 360.00 Y RIDGEWOOD AVE Turf Applications(Granular/Liquid) $ 223.00 6 $ 1,338.00 Ornamental Fertilization(Granular) $ 153.00 2 $ 306.00 Ridgewood Ave. Tree Fertilization(Granular) $ 90.00 2 $ 180.00 Herbicide Applications $ 155.00 10 $ 1,550.00 Top Choice $ - 1 $ - Aquatic Herbicide Application $ - 4 $ - Page 6 of 8 BID TAB SHEET GRAND TOTAL TURF AREAS I I $ 11,868.00 TOP CHOICE I I $ 2,650.00 ORNAMENTALS I I $ 4,181.00 TREES I I $ 2,815.00 HERBICIDE APPLICATION I I $ 19,250.00 AQUATIC APPLICATION I I $ 3,480.00 FACILITIES PEST CONTROL I $ 3,810.00 GRAND TOTAL OF CHEMICAL BID AREA $ 48,054.00 Page 7 of 8 VENDOR INFORMATION COMPANY NAME: Black's Spray Service,Inc COMPANY REPRESENTATIVE: Carlos Boyer,President MAILING ADDRESS: 3625 N.Courtenay Pkwy,Merritt Island,FL 32953 OFFICE-321-452-4911 PHONE: MOBILE-321-794-6096 Page 8 of 8 Cityof Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 09/19/2017 Item No. 10 Subject: Approve the Second Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of$203,860 with SSS Brevard OPCO,LLC dba Green Leaf Landscaping& Irrigation and authorize City Manager to execute same. Department: Public Works Services Summary: This Contract was awarded to SSS Brevard OPCO, LLC dba Green Leaf Landscaping & Irrigation(Green Leaf) in August 2015 for providing mowing and landscaping services of City landscaped areas, rights-of-way, Water Reclamation Plant, lift stations and the mowing/slope mowing of the Central Ditch with a contract amount of $182,640. The First Addendum to the Professional Services Agreement for the first option year of the contract expires September 30, 2017. Staff is very pleased with the services provided by Green Leaf. Green Leaf's proposed unit prices have not increased for FY2017/2018. However, North Atlantic Avenue corridor mowing frequency has been increased from 24 mows per year to 44 mows per year to provide a more aesthetically pleasing appearance of the new streetscape. The maintenance of all plants along the North Atlantic corridor have also been added to the bid tab sheets as this is a permanent additional landscaping requirement. One significant addition was the mowing of the New City Hall and landscape maintenance of over 2600 new plants. Green Leaf BID# 2017-2018 TAB SHEET is included as Exhibit "A" of the proposed Addendum (Attached)which delineates the scope of services(including unit costs and service areas) of the Professional Services Agreement. (NOTE: The total annual contract amount is typically not billed by Green Leaf due to weather-related disruptions to the mowing schedule.) The Professional Services Agreement between the City and Green Leaf allows for five (5) one- year extensions thereof. The proposed Addendum to Professional Services Agreement: 1. Extends the Professional Services Agreement for one year (from October 1, 2017 to September 30, 2018); 2. Revises the Scope of Services to reflect the additional services and itemized costs as referenced in Exhibit"A"; 3. Reflects the increased total contract amount of$185,040 for FY2016/2017 to $203,860 for FY2017/2018. Submitting Department Director: Ralph Lotspeich Date: 9/6/17 Attachment: Second Addendum to Professional Servic s Agreement with Exhibit"A"Green Leaf BID#2017-2018 Tab Sheet(scope of services) Financial Impact: $203,860 for Professional Services Agreement for Mowing and Landscaping Services with SSS Brevard OPCO, LLC dba Green Leaf Landscaping & Irrigation funded by City Departments; Staff time and effort to complete this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 8/30/17 The City Manager recommends that City Council take the following action: Approve the Second Addendum to Professional Services Agreement for Mowing and Landscaping Services in the amount of $203,860 with SSS Brevard OPCO, LLC dba Green Leaf Landscaping & Irrigation and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date: 8/31/17 SECOND ADDENDUM TO GREEN LEAF LANDSCAPING& IRRIGATION PROFESSIONAL SERVICES AGREEMENT THIS SECOND ADDENDUM TO PROFESSIONAL SERVICES AGREEMENT ("Agreement")is made and entered this day of , 2017 by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose principal address is 105 Polk Avenue, Cape Canaveral, Florida 32920 ("City"), and SSS BREVARD OPCO, LLC DBA GREEN LEAF LANDSCAPING & IRRIGATION, a Florida corporation, whose principal address is 2800 Allen Hill Drive,Melbourne, Florida 32940 ("Contractor"). WITNESSETH: WHEREAS,the City and Contractor previously entered into the August 24, 2015 "Green Leaf Landscaping & Irrigation Professional Services Agreement" ("Agreement") following an award of the City's "Mowing/Maintenance of City Landscaped Areas, Rights-of-Way, Water Reclamation Plant, and Lift Stations and Mowing/Slope Mowing of the Central Ditch" contract to Contractor; and WHEREAS, a first Addendum to the Agreement,dated October 1, 2016, was entered into by the parties for the City's 2016/2017 fiscal year and is scheduled to terminate on September 30, 2017; and WHEREAS, the parties mutually desire to enter into a Second Addendum to the Agreement and extend the term of the Agreement as set forth herein; and WHEREAS, this Second Addendum is in the best interests of the health, safety and welfare of the citizens of the City of Cape Canaveral; and NOW THEREFORE, in consideration of the mutual promises contained herein, the City and Contractor hereby agree as follows: SECTION 1 —RECITALS The foregoing recitals are hereby deemed true and correct and are hereby incorporated herein by this reference. SECTION 2—EXTENSION OF TERM The City and Contractor hereby agree to extend the term of the Agreement for one (1) year, commencing on October 1, 2017 and terminating on September 30, 2018. SECTION 3 —SCOPES OF SERVICES Second Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 1 of 3 Article 5, Scope of Services, is hereby deleted in its entirety and replaced with the following language: Contractor shall do, perform, deliver and carry out, in a professional manner, the types of services as set forth in Exhibit "A" Scope of Services, attached hereto and fully incorporated herein by this reference. SECTION 4—PAYMENT OF CONTRACTOR Article 6 of the Agreement,which addresses payment of Contractor,is hereby deleted in its entirety and replaced with the following language: The City shall pay to Contractor $203,860.00 for the mowing and maintenance of the certain landscaped areas of the City as described in Article 5, Scope of Services, and Exhibit"A"of this Second Addendum. The Contractor will invoice the City on a monthly basis. This is a not-to-exceed price Agreement. Invoices received from the Contractor pursuant to this Agreement shall be reviewed and approved by the Agreement Administrator, indicating that the services being invoiced are in conformity with the Agreement. The invoices shall be sent to the Finance Department for payment. Payments shall be processed consistent with the Florida Local Government Prompt Payment Act. SECTION 5—NOTICE Article 26 of the Agreement,which addresses notice, is hereby deleted in its entirety and replaced with the following language: All notices required in the Agreement shall be sent by certified mail, return receipt requested, and if sent to the City, shall be mailed to: Copy to: Ralph Lotspeich, David L. Greene, City Manager Public Works Services Director City of Cape Canaveral City of Cape Canaveral PO Box 326 PO Box 326 Cape Canaveral, Florida 32920 Cape Canaveral, Florida 32920 And if sent to the Contractor, shall be mailed to: Steve Rose, Owner Green Leaf Landscaping & Irrigation 2800 Allen Hill Drive Melbourne,FL 32940 Second Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 2 of 3 SECTION 6—OTHER PROVISIONS Any other term or provision of the Agreement and the first Addendum not expressly modified by this Second Addendum shall remain in full force and effect. The Agreement as amended by the Addendum and Second Addendum shall also collectively be referred to as the Agreement. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the day and year first above written. CITY: City of Cape Canaveral,Florida, a Florida municipal corporation. Attest: By: David L. Greene, City Manager By: Mia Goforth, City Clerk CONTRACTOR: SSS Brevard OPCO,LLC dba Green Leaf Landscaping & Irrigation a Florida corporation. WITNESSES: By: Print Name: Print Name: Title: Print Name: Second Addendum to Professional Services Agreement City of Cape Canaveral/Green Leaf Landscaping& Irrigation Page 3 of 3 Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID AREA I TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS A City Hall,Cape Center, BCSO, Canaveral Fire and Rescue, Library City Hall -100 Polk Ave. Mowing Operations $ 80.00 44 $ 3,520.00 Canaveral Fire and Rescue- 190 Jackson Ave. Hedge Trimming $ 1,104.00 12 $ 13,248.00 BCSO Precinct-111 Polk Ave. Weed Spraying $ 368.00 M $ 2,208.00 Cape Center-105 Polk Ave. Palm Trimming (57-([45 IM; 12 Lib]) $ 530.00 1 $ 530.00 Library-201 Polk Ave. B Recreation Complex Mowing Operations $ 85.00 44 $ 3,740.00 7300 N.Atlantic Ave.(SR A1A) Hedge Trimming $ 280.00 12 $ 3,360.00 Palm Trimming (20) $ 200.00 1 $ 200.00 C Xeriscape Park South Side of City Hall Mowing Operations $ 40.00 44 $ 1,760.00 (105 Polk Ave.)between Polk and Hedge Trimming $ 45.00 12 $ 540.00 Taylor Avenues Palm Trimming (4) $ 40.00 1 $ 40.00 D Veteran's Memorial Park Mowing Operations $ 45.00 44 $ 1,980.00 Adjacent to Library Hedge Trimming $ 30.00 12 $ 360.00 (201 Polk Ave.) Palm Trimming (6) $ 60.00 1 $ 60.00 Page 1 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS E Bennix Park Washington Ave. Mowing Operations $ 60.00 44 $ 2,640.00 (Between N.Atlantic Ave.and Hedge Trimming $ 120.00 12 $ 1,440.00 Rosalind Ave.) Palm Trimming (30) $ 300.00 1 $ 300.00 F Canaveral&Canaveral Beach Blvds. (Medians Only) Mowing Operations $ 110.00 44 $ 4,840.00 Hedge Trimming $ 150.00 12 $ 1,800.00 Palm Trimming (98) $ 980.00 1 $ 980.00 East Central, G (Medians Only) and West Central (Medians and Tree Lines) Mowing Operations $ 220.00 44 $ 9,680.00 Hedge Trimming $ 75.00 12 $ 900.00 Palm Trimming (106) $ 1,060.00 1 $ 1,060.00 H Cape View Elementary Tree Line and Kindergarten Cape View Elementary School Mowing Operations $ 40.00 44 $ 1,760.00 (8840 Rosalind Ave.) Palm Trimming (17) $ 170.00 1 $ 170.00 Page 2 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS Harbor Heights (Medians Only) Mowing Operations $ 25.00 44 $ 1,100.00 Harbor Dr. Hedge Trimming $ 35.00 12 $ 420.00 (Off N.Atlantic Ave.) Palm Trimming (4) $ 40.00 1 $ 40.00 J N.Atlantic Ave. A1A/N.Atlantic to Welcome Sign N Mowing Operations $ 65.00 44 $ 2,860.00 end of N Atlantic by Port Hedge Trimming $ 155.00 12 $ 1,860.00 K Canaveral City Park and Ball Park Mowing Operations $ 270.00 44 $ 11,880.00 Infield Mowing $ 45.00 88 $ 3,960.00 7920 Orange Ave. Hedge Trimming $ 40.00 12 $ 480.00 Palm Trimming (144) $ 1,440.00 1 $ 1,440.00 Aeration,Top Dressing,and Verticutting $ 2,300.00 1 $ 2,300.00 L Center Street Park and Streetscarie Mowing Operations $ 35.00 44 $ 1,540.00 West End of Center St. Hedge Trimming $ 25.00 12 $ 300.00 (Off N.Atlantic Ave.) Palm Trimming (19) $ 190.00 1 $ 190.00 M South City Entrance Sign N.Atlantic Ave. Mowing Operations $ 20.00 44 $ 880.00 (Between Grant Ave.and Johnson Hedge Trimming $ 20.00 12 $ 240.00 Ave.) Palm Trimming (9) $ 90.00 1 $ 90.00 Page 3 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS N SR A1A Landscaped Easement Areas Christ Lutheran Church -7511 N. Atlantic Ave. Center St.-7077 N.Atlantic Ave.(two Mowing Operations areas north and south of Center St. $ 100.00 44 $ 4,400.00 on SR A1A) Area immediately north of 6395 N. Hedge Trimming Atlantic Ave.and south of Cape $ 55.00 12 $ 660.00 Shores Dr.South Palm Trimming (35) $ 350.00 1 $ 350.00 6121 N.Atlantic Ave. O Patriot's Park Mowing Operations $ 45.00 44 $ 1,980.00 East End of Longpoint Rd. Hedge Trimming $ 40.00 12 $ 480.00 (West Side of N.Atlantic Ave.) Palm Trimming (21) $ 210.00 1 $ 210.00 P Columbia Drive(Medians Only) Mowing Operations $ 75.00 44 $ 3,300.00 Medians Only Hedge Trimming $ 81.00 12 $ 972.00 Palm Trimming (9) $ 90.00 1 $ 90.00 Q Thurm Boulevard (Medians Only) Mowing Operations $ 55.00 44 $ 2,420.00 Medians Only Hedge Trimming $ 40.00 12 $ 480.00 Palm Trimming (14) $ 140.00 1 $ 140.00 Page 4 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID AREA I (Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES LANDSCAPED AREAS R Manatee Park 701 Thurm Blvd.(Park is located on Mowing Operations $ 240.00 44 $ 10,560.00 river just north of Water Reclamation Palm Trimming (238) $ 2,380.00 1 $ 2,380.00 Plant) Edging of Exercise Trail $ 100.00 12 $ 1,200.00 S Banana River Park Mowing Operations $ 80.50 44 $ 3,542.00 Palm Trimming (38) $ 380.00 1 $ 380.00 T North City Entrance Skin A1A Mowing Operations $ 25.00 44 $ 1,100.00 North end of Cape Canaveral on west Hedge Trimming $ 38.00 12 $ 456.00 side of Astronaut Blvd. Palm Trimming (6) $ 60.00 1 $ 60.00 U N.Atlantic Ave. Entrance Skin North end of Cape Canaveral on west Mowing Operations $ 25.00 44 $ 1,100.00 side of N.Atlantic Ave.by Port Hedge Trimming $ 38.00 12 $ 456.00 entrance Palm Trimming (14) $ 140.00 1 $ 140.00 ✓ Ridgewood Ave. Redevelopment project running Mowing Operations $ 300.00 44 $ 13,200.00 parallel to oceanfront from Hedge Trimming $ 150.00 12 $ 1,800.00 East Central to Johnson Ave. Palm Trimming (106) $ 1,060.00 1 $ 1,060.00 Page 5 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID AREA II TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY A N.Atlantic Ave. North entrance sign to landscaped Mowing Operations $ 250.00 44 $ 11,000.00 triangle area(undeveloped areas 61 only) Palm Trimming ( ) $ 610.00 1 $ 610.00 B East Central Blvd -From N.Atlantic East to Ridgewood Ave. Mowing Operations $ 200.00 24 $ 4,800.00 (Undeveloped areas only) Palm Trimming (60) $ 600.00 1 $ 600.00 C West Central Blvd. -From Thurm Blvd East to N.Atlantic Ave. Mowing Operations $ 45.00 24 $ 1,080.00 (Undeveloped areas only) Palm Trimming (39) $ 390.00 1 $ 390.00 D Beach End Streets(Harbor Heights to Johnson Ave.) Mowing Operations $ 30.00 24 $ 720.00 E Harbor Heights/Harbor Dr.Stormwater Retention Harbor Dr. (Off N.Atlantic Ave.) Mowing Operations $ 45.00 24 $ 1,080.00 F Oak Lane Mowing Operations $ 45.00 24 $ 1,080.00 G SR A1A East side and west side Mowing Operations $ 110.00 24 $ 2,640.00 (undeveloped areas only) H Thurm Blvd. From SR A1A on east side to West Central Blvd on the north side.(To Mowing Operations $ 220.00 I 24 $ 5,280.00 the wall of the Discovery Bay Palm Trimming (32) $ 320.00 1 $ 320.00 Development) Page 6 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID AREA II(Continued) TIMES PER UNIT COST YEAR TOTAL COST ADDRESS/NOTES RIGHTS-OF-WAY I Jefferson/Poinsetta Ave. Right-of-way along undeveloped lot. Mowing Operations $ 15.00 24 $ 360.00 J Washington/Poinsetta Ave. Right-of-way along undeveloped lot. Mowing Operations $ 15.00 24 $ 360.00 K Madison/Magnolia Ave. Right-of-way along undeveloped lot. Mowing Operations $ 12.00 24 $ 288.00 L Buchanan/Orange Ave. Right-of-way along undeveloped lot. Mowing Operations $ 12.00 24 $ 288.00 M Canaveral Blvd Right-of-way on the north side of Canaveral Blvd in front of the gated Mowing Operations $ 18.00 24 $ 432.00 development. Page 7 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET WATER RECLAMATION PLANT AND LIFT TIMES PER UNIT COST TOTAL COST ADDRESS/NOTES STATIONS YEAR A Water Reclamation Plant 601 Thurm Blvd. Mowing Operations $ 350.00 44 $ 15,400.00 B Lift Stations See attached list and map for Mowing Operations $ 120.00 44 $ 5,280.00 locations. BID AREA IV UNIT COST TIMES PER TOTAL COST MOWING/SLOPE MOWING OF CENTRAL YEAR LOCATION: North and South of West DITCH AND OTHER AREAS Central Blvd.from Port to SR A1A. A Central Ditch Mowing Operations $ 600.00 12 $ 7,200.00 B Stormwater Pond-Manatee Park LOCATION:701 Thurm Blvd. Mowing Operations $ 75.00 42 $ 3,150.00 C Stormwater Ponds-Plant LOCATION: 601 Thurm Blvd. Mowing Operations42 $ 45.00 $ 1,890.00 Page 8 of 9 Corrected Palm Cell Numbers 1G Bid Tab Sheet-Green Leaf Landscaping FY17-18.xlsx City of Cape Canaveral Mowing and Landscape Maintenance BID#2017-2018 TAB SHEET BID #2017-2018 TAB SHEET GRAND TOTAL BID AREA I - LANDSCAPED AREAS $ 139,612.00 BID AREA II - RIGHTS-OF-WAY $ 31,328.00 BID AREA III -WATER RECLAMATION PLANT AND LIFT STATIONS $ 20,680.00I BID AREA IV- MOWING/SLOPE MOWING OF CENTRAL DITCH AND OTHER AREAS $ 12,240.00 GRAND TOTAL OF BID AREAS I, II, III AND IV $ 203,860.00 VENDOR INFORMATION NOTES: COMPANY NAME: Green Leaf COMPANY REPRESENTATIVE: MAILING ADDRESS: OFFICE- PHONE: MOBILE- Page 9 of 9 Corrected Palm Cell Numbers 1G City of Cape Canaveral [city seal] City Council Agenda Form City Council Meeting Date: 9/19/2017 Item No. 11a Subject: Resolution No. 2017-23; adopting a Final Millage Rate for the levy of Ad Valorem Taxes for Fiscal Year 2017/2018 on all taxable property located within the City of Cape Canaveral,Brevard County, Florida; providing for an effective date. Department: Financial Services Summary: Adopt a Final Millage of 4.0190 mills, which represents a rate higher above the previous year's rate. This Millage includes two segments: General Government Millage 3.9555 mills Library Dependent Special District 0.0635 mills These rates are identified in the Fiscal Year 2017/18 Proposed Budget. Per"Truth in Millage Compliance",the Ad Valorem Tax rates can be lowered from the proposed rate;however, no tax rate can be increased. The City Council adopted Resolution No.2017-11 —Tentative Proposed Millage Rate of 4.0190 on July 18,2017 and Resolution No. 2017-16—Tentative Millage Rate of 4.0190 on September 5,2017. Resolution No. 2017-23 (attached) is the final approval establishing the Millage Rate for Fiscal Year 2017/2018. Submitting Department Director: John DeLeo Date: 9/7/17 Attachment: Resolution No. 2017-23 Financial Impact: The adopted Final Millage Rate of 4.0190 will provide $4,310,185 in property tax revenue. These revenues are represented in the Proposed FY 2017/18 Budget at a 95% receipt rate and allow for a balanced budget; cost to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/7/17 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2017-23. Approved by City Manager: David L. Greene Date: 9/7/17 RESOLUTION NO. 2017-23 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ADOPTING A FINAL MILLAGE RATE FOR THE LEVY OF AD VALOREM TAXES FOR FISCAL YEAR 2017/2018 ON ALL TAXABLE PROPERTY LOCATED WITHIN THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to impose Ad Valorem Taxes based upon an approved millage rate; and WHEREAS,Florida Statute 200.065 expressly provides no millage shall be levied until a resolution or ordinance has been approved by the governing board of the taxing authority and upon preparation of a tentative budget,but prior to adoption thereof, each taxing authority shall compute a proposed millage rate necessary to fund the tentative budget other than the portion of the budget to be funded from sources other than Ad Valorem Taxes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. The total final millage for all City operating purposes is 4.0190 mills on the dollar of taxable value for the 2017//2018 Fiscal Year for the City of Cape Canaveral, Florida. This millage represents a rate higher than the previous year's rate. Section 2. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 3.9555 mills for General Government Millage. This final Ad Valorem Tax shall be levied upon the 2017 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2017 and ending September 30, 2018. City of Cape Canaveral,Florida Resolution No.2017-23 Page 1 of 2 Section 3. The City of Cape Canaveral, Brevard County, Florida, hereby adopts and imposes a final millage rate of 0.0635 mills for the Library Dependent Special District, as approved in the 1985 referendum election. This final Ad Valorem Tax shall be levied upon the 2017 Tax Assessment Roll for Ad Valorem Tax on all taxable property located within the City of Cape Canaveral and is to be used for the City's Fiscal Year beginning October 1, 2017 and ending September 30, 2018. Section 4. This Resolution shall become effective immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 19th day of September, 2017. Bob Hoog,Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Rocky Randels Betty Walsh Approved as to Form: Anthony A. Garganese, City Attorney City of Cape Canaveral,Florida Resolution No.2017-23 Page 2 of 2 [city seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 9/19/2017 Item No. 11b Subject: Ordinance No. 14-2017; adopting the Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund, Enterprise Capital Fund, Special Revenue Funds, Capital Project Funds and Agency Fund Budgets for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018; providing for an effective date, second reading. Department: Financial Services Summary: City Council completed its July 18, 2017 Workshop pertaining to the development of the Budget for Fiscal Year 2017/18. The Budget reflects Council direction from that Meeting and revised revenue/spending estimates. The Budget for the Fiscal Year 2017/18 totals $23,285,065. This represents a 32.6% decrease from the Fiscal Year 2016/17 Budget. City Council adopted Ordinance No. 14-2017 on first reading at its September 5, 2017 Meeting. The Notice of Hearing is scheduled for publication in Florida Today on September 14, 2017 and the Ordinance is presented for second reading and final doption. Submitting Department Director: John DeLeo Date: 9/7/17 Attachment: Ordinance No. 14-2017 Financial Impact: This is a balanced Budget based upon a 4.0190 Ad Valorem Millage Rate. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 9/7/17 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 14-2017, second reading. Approved by City Manager: David L. Greene Date: 9/7/17 ORDINANCE NO. 14-2017 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; ADOPTING THE ANNUAL GENERAL FUND, WASTEWATER ENTERPRISE FUND, STORMWATER ENTERPRISE FUND, ENTERPRISE CAPITAL FUND, SPECIAL REVENUE FUNDS, CAPITAL PROJECT FUNDS AND AGENCY FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2017, AND ENDING SEPTEMBER 30,2018;PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. The Annual General Fund, Wastewater Enterprise Fund, Stormwater Enterprise Fund,Enterprise Capital Fund,Special Revenue Funds,Capital Project Funds and Agency Fund Budgets which are attached hereto in Attachment #1 by reference made a part hereof, of the City of Cape Canaveral, Florida for the Fiscal Year beginning October 1, 2017, and ending September 30, 2018, 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 19th day of September, 2017. Bob Hoog,Mayor ATTEST: Name For Against Mia Goforth, CMC, Mike Brown City Clerk Bob Hoog Brendan McMillin Approved as to Form: Rocky Randels Betty Walsh Anthony A. Garganese, City Attorney First Reading: 9/05/2017 Legal Ad Published: 9/14/2017 Second Reading: 9/19/2017 Ordinance No. 14-2017 Attachment#1 City of Cape Canaveral Fiscal Year 20172018 Budget Summary Revenues Expenditures General Fund;_ $ 12,434,199 $ 12,434,199 Enterprise Funds: Wastewater Enterprise Fund 5,770,915 5,770,915 Stormwater Enterprise Fund 852,204 852,204 Enterprise Capital Fund 2,989,800 2,989,800 Capital Project Funds: Capital Construction Fund - - North Atlantic Ave. Improvement Fund - - Special Revenue Funds: Police Education Fund 1,044 1,044 Aerial Fire Protection Fund 132 132 School Crossing Guard Fund 2,385 2,385 Library Fund 72,973 72,973 CC Community Redevelopment Agency Fund 1,158,731 1,158,731 Agency Fund: Law Enforcement Trust Fund 2,682 2,682 Total Fiscal Year 2017/2018 Budget $ 23,285,065 $ 23,285,065