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HomeMy WebLinkAboutcocc_council_mtg_packet_20190319 CAPE CANAVERAL CITY COUNCIL MEETING City Hall Council Chambers 100 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA March 19, 2019 6:00 P.M. 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. CONSENT AGENDA: 6:15 p.m. 6:20 p.m. 1. Approve Minutes for February 19, 2019 City Council Regular Meeting. 2. Resolution No. 2019-01; modifying and updating the City's list of State Road AlA Improvement Priorities; requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road AlA located within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 3. Resolution No. 2019-06; endorsing the East Coast Greenway route through the City of Cape Canaveral, Florida; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 4. Approve the Unsafe Building Compliance and Code Lien Satisfaction Agreement for property located at 305 Surf Drive and authorize City Manager to execute same. 5. Approve renewal of Solid Waste Agreement with Waste Pro of Florida, Inc. for an additional five (5) years. PUBLIC HEARINGS: 6:20 p.m. 6:40 p.m. 6. Resolution No. 2019-02; adopting the City of Cape Canaveral, Florida Wastewater and Stormwater Facilities Plan; authorizing the submittal of the Plan to the Florida Department City of Cape Canaveral, Florida City Council Meeting March 19, 2019 Page 2 of 2 of Environmental Protection; providing for the repeal of prior inconsistent resolutions, severability and an effective date. 7. Ordinance No. 06-2019; relating to the State Revolving Fund Program;pursuant to Section 2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed six million five hundred thousand dollars for purposes of funding certain wastewater and stormwater improvement projects; authorizing the loan agreement(s); establishing pledged revenues; designating authorized representatives; providing assurances; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading. 8. Ordinance No. 07-2019; relating to the State Revolving Fund Program;pursuant to Section 2.12(5) of the City Charter amending Ordinance No. 01-2013 to increase the total authorized loan amount by an additional eight hundred thousand dollars for purposes of funding certain pending wastewater and stormwater improvement projects; providing for the full force and effect of Ordinance No. 01-2013 as amended herewith, repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading. 9. Ordinance No. 08-2019; changing the Zoning Map Designation of certain real property generally located at 8550 Astronaut Boulevard in Cape Canaveral, Florida, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-2 Commercial/Manufacturing" to "PD Planned Development" subject to the Land Use Plan approved by the City Council in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. (Tom C. Hermansen/Cape Canaveral Joint Venture, Applicant/Owner) 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 x207 or x206) 48 hours in advance of the meeting. DRAFT Item No. 1 CAPE CANAVERAL CITY COUNCIL REGULAR MEETING CITY HALL COUNCIL CHAMBERS 100 Polk Avenue, Cape Canaveral, Florida TUESDAY February 19, 2019 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 6:00 PM. Council Member Morrison led the Pledge of Allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Mike Brown Mayor Bob Hoog Council Member Wes Morrison Council Member Rocky Randels Council Member Angela Raymond Others Present: City Manager David L. Greene City Attorney Anthony Garganese City Clerk Mia Goforth Community Development Director David Dickey Community Services Director Joshua Surprenant Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Cultural Programs Manager Molly Thomas Executive Assistant to the City Manager Lisa Day Brevard County Sheriff's Office Commander Linda Moros Brevard County Sheriff's Office Lieutenant Quincy Hines Canaveral Fire Rescue Chief Dave Sargeant PUBLIC PARTICIPATION: George J. Sweetman, 7200 Poinsetta Avenue, expressed concerns regarding stormwater run-off in the City. Discussion ensued and included the City's past and current stormwater mitigation efforts, suggestions to read the Weekly Update and meet with Capital Projects Director Ratliff for more information, how the City has exceeded all of the requirements for stormwater improvements,the Meeting Agenda including a plan to purchase land to capture additional stormwater and the City's stormwater project information over the last twenty years, which is posted on the City website. PRESENTATIONS/INTERVIEWS: Accept the Annual Audited Financial Statements and Independent Auditor's Report for the Fiscal Year ended September 30, 2018 —Presentation by Zach Chalifour, James Moore & Co.: Certified Public Accountant Zach Chalifour introduced himself, Senior Audit Manager Doug Gillikin and made a presentation to the City Council. A motion was made by Council Member Morrison, seconded by Council Member Raymond,to accept the Annual Audited Financial Statements City of Cape Canaveral,Florida DRAFT City Council Regular Meeting February 19, 2019 Page 2 of 4 and Independent Auditor's Report for the Fiscal Year ended September 30, 2018. The motion carried 5-0. Interview Applicants for appointment to the Library Board. (Anthony Divito and Garrrett Lane): City Attorney Garganese confirmed information contained in Mr. Divito's application to be true and correct. Mr. Divito shared reasons for his desire to serve. Council addressed and thanked Mr. Divito for serving the community. City Attorney Garganese confirmed information contained in Mr. Lane's application to be true and correct. Mr. Lane shared reasons for his desire to serve. Council addressed and thanked Mr. Lane for serving the community. CONSENT AGENDA: Mayor Hoog inquired if any items needed to be removed for discussion. No items were removed. 1. Approve Minutes for January 15, 2019 City Council Regular Meeting. 2. Resolution No. 2019-03; appointing an honorary Poet Laureate of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Timothy Bass) 3. Resolution No. 2019-04; appointing members to the Library Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. (Anthony Divito and Garrett Lane) A motion was made by Council Member Randels, seconded by Council Member Raymond, for approval of the Consent Agenda. The motion carried 5-0. PUBLIC HEARINGS: 4. a. Ordinance No. 01-2019; adopting a small scale Future Land Use Map Amendment by changing the Future Land Use Map designation of certain real property located at 8811 Sea Shell Lane, and more particularly depicted and legally described on Exhibit"A" attached hereto, from "C-1 Commercial Low Density" to"R-1 Residential Low Density"; providing for the repeal of prior inconsistent ordinances and resolutions, severability, incorporation into the Comprehensive Plan and an effective date, second reading: b. Approve the Unity of Title Agreement between Dennis Warren (Owner), and the City of Cape Canaveral regarding three individual parcels located at 8811 Sea Shell Lane and authorize Mayor to execute same: c. Ordinance No. 02-2019; changing the Zoning Map designation of certain real property generally located at 8811 Sea Shell Lane and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-1 Commercial Low Density" to "R-1 Residential Low Density"; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, second reading: City Attorney Garganese stated Item No. 4 consists of two Ordinances and the Unity of Title Agreement involving the property located at 8811 Seashell Lane, summarized the Item and advised Council they could conduct one Public Hearing. City Attorney Garganese read the titles of Ordinances No. 01-2019 and 02-2019, second hearing, into the record and recommended Ordinance No. 01-2019 be conditioned upon the applicant signing the Unity of Title Agreement. City of Cape Canaveral,Florida DRAFT City Council Regular Meeting February 19, 2019 Page 3 of 4 The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Randels, seconded by Council Member Raymond,for adoption of Ordinance Nos. 01-2019 and 02-2019, second reading, with completion of the Unity of Title Agreement included. The motion carried 5-0. 5. Ordinance No. 05-2019; adopting the 2018 International Property Maintenance Code as amended herein; 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 and summarized amendments made between first and second readings as stated in the Agenda Item. Discussion ensued and included past times City Council considered adopting previous versions of the International Property Maintenance Code, the value of its use and of appointing a Special Magistrate. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Randels, seconded by Council Member Raymond,for approval of Ordinance No. 05-2019 as amended, second reading. The motion carried 5-0. 6. Ordinance No. 06-2019; relating to the State Revolving Fund Program;pursuant to Section 2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed six million five hundred thousand dollars for purposes of funding certain wastewater and stormwater improvement projects; authorizing the loan agreement(s); establishing pledged revenues; designating authorized representatives;providing assurances; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading: City Attorney Garganese read the title into the record. Discussion ensued and included designated projects will be helpful to those concerned about stormwater issues, fifty-five to sixty-year-old infrastructure being replaced, consequences of not proceeding with improvement projects, resiliency and sustainability, infrastructure improvements on Center Street and debt and revenue coming in from impact fees and other sources. City Manager Greene explained the second readings of Ordinances 06-2019 and 07-2019 authorize the total debt on each of the Ordinances, is sixteen million dollars rounded, an obligation of the Stormwater and Wastewater Enterprise funds only, not the City as such; clarified the total debt of the City involving the two loans funding the Multi-Generational Facility, Culture Arts Preservation Enrichment Center and part of the Wastewater Treatment Plant does not pledge City Ad Valorem tax revenues and clarified how the proceeds to pay those loans back are derived from State revenue sharing funds, franchise fees, utility taxes and other sources which are being paid back at a rate lesser than inflation, with the added benefit of using the asset now. Discussion continued on the need to be proactive,benefits of the measure,the action may influence others to do the same and commending City Manager Greene on finding interest rates lower than two percent for the loans. The Public Hearing was opened. George Sweetman, 7200 Poinsetta Avenue, thanked Council, provided history of brown tide when he worked in New York thirty years ago and spoke about effects of nitrates in the ground water; he urged Council to reach out to other agencies regarding stormwater and Lagoon issues. The Public Hearing was closed.A motion was made by Council Member Randels, seconded by Council Member Raymond, for approval of Ordinance No. 06-2019 at first reading. The motion carried 5-0. 7. Ordinance No. 07-2019; relating to the State Revolving Fund Program;pursuant to Section 2.12(5) of the City Charter amending Ordinance No. 01-2013 to increase the total authorized loan amount by an additional eight hundred thousand dollars for purposes of funding certain pending wastewater and stormwater improvement projects; providing for the full force and effect of City of Cape Canaveral,Florida DRAFT City Council Regular Meeting February 19, 2019 Page 4 of 4 Ordinance No. 01-2013 as amended herewith, repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading: City Attorney Garganese read the title into the record. Discussion ensued and included how the measure is piggy-backing off the existing loan, not extending the maturity date, slightly increasing the principle, the measure closes out projects that were part of the initial loan, improving the overall condition of the Wastewater Treatment Plant. The Public Hearing was opened. There being no comment, the Public Hearing was closed. A motion was made by Council Member Morrison, seconded by Mayor Pro Tem Brown, for approval of Ordinance No. 07-2019 at first reading. The motion carried 5-0. REPORTS: Council Member Raymond reported activities including Social Media Training Day at the City of Satellite Beach, Cape View Elementary School "Celebrity Reader" event, Friday Fest, the 2nd Annual Movin' In the City and 2019 Mayors' Fitness Challenge Kick-Off, annual Mayor's Brunch and Central Brevard Art Association Library Art Show, Space Coast League of Cities Board and dinner meetings, among the priorities set to take to the Florida Legislature in March, is the Indian River Lagoon; the 2019 Tourism + Transit Valentine's Day Summit; and read a poem in honor of the City's first and newly appointed Poet Laureate, Tim Bass. Council Member Randels reported activities including the Veterans of Foreign Wars, Post 10131 and American Legion Post 348 hosted Cancer Walk in conjunction with the American Cancer Society with all proceeds going to the Brevard County Chapter of the Society, 2019 Tourism + Transit Valentine's Day Summit; and provided Florida Department of Transportation information and designs for the Brightline rail system and the Space Coast Transportation Organization State Road 528 Update, among other items. Council Member Morrison reported activities including the 2019 Tourism + Transit Valentine's Day Summit where he met the new Space Coast Office of Tourism Executive Director Peter Cranis, the well-attended annual Sea Oats planting on the beach, Cape View Elementary School Science Fair and the"Celebrity Reader" event and thanked City Staff. Mayor Pro Tem Brown thanked Staff for the excellent job maintaining the Canaveral City Park baseball field, announced Space Coast Little League Opening Day is March 2, 2019, commented League policy provides a baseball mitt for every child and structure for children, and commented on the positive efforts of the City and Cape View Elementary regarding the playground. Mayor Hoog reported activities including Sea Oats planting and thanked City Attorney Garganese for assisting, Friday Fest, 2019 Mayors' Fitness Challenge Kick-Off and announced the Mayor's Walk is to take place the following weekend. Mayor Hoog introduced City Poet Laureate Tim Bass who expressed his appreciation for the opportunity to serve and performed one of his poems as a song on acoustic guitar, "Missing the Cape (Springtime in DC)". ADJOURNMENT: There being no further business, the Meeting adjourned at 7:44 PM. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 2 Subject: Resolution No. 2019-01; modifying and updating the City's list of State Road AlA Improvement Priorities; requesting the Florida Department of Transportation provide an updated traffic study for the portion of State Road AlA located within the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community Services and Economic Development Summary: It is the fervent desire of City Council, Staff,residents,business owners and visitors that Florida Department of Transportation(FDOT)improve pedestrian and motorist safety along State Road AlA/Astronaut Boulevard/North Atlantic Avenue (SR AlA), the five-lane arterial highway that bisects the Community. The City has taken proactive measures to make the Community bikeable and walkable and increase safety for everyone, including motorists, through: • Creation of the Cape Canaveral Vision Statement(Attachment 1), started in 2009,which includes pedestrian safety as one of its main goals and updated in 2017; • Resolution No. 2011-09, adopting the establishment of a"Complete Streets" Policy; • Ongoing streetscape projects on Ridgewood and North Atlantic Avenues; • Creation of a Capital Improvement Plan (CIP) for repairing, upgrading and installing bus shelters, bike racks, sidewalks and beach crossovers, as well as Citywide street resurfacing; • Resolution No. 2014-22, approving the City's list of SR AlA Improvement Priorities; • Resolution No. 2015-06, updating the City's list of SR AlA Improvement Priorities; • ADA-accessible beach access recreation mats ("Mobi-Mats"g) installed at three (3) Cape Canaveral beach crossovers in 2017; • Ongoing improvements to pedestrian and cyclist Park amenities; • Approved Pedestrian and Bicycle Mobility Master Plan completed by Kimley-Horn Associates, Inc. in 2017; • Installation of the Manatee Sanctuary Park Zagster/Space Coast Bike Share Station in 2018 and proposed additional stations in 2019; • Movin' in the City Health, Wellness and Pedestrian Safety Event in 2018 & 2019; • Resolution No. 2018-01, updating the City's list of SR AlA Improvement Priorities; • Active continual engagement with FDOT and the Space Coast Transportation Planning Organization (SCTPO)regarding SR AlA multimodal corridor improvements; • Installation of Rectangular Rapid Flashing Beacon pedestrian crosswalk system at Washington/N. Atlantic Avenues and two solar powered 24-hour flashing beacons at Shorewood Drive/N. Atlantic Avenue; • Brevard County Sheriffs Office (BCSO) continues to encourage awareness of, and compliance with,traffic laws that protect the safety of pedestrians and bicyclists through a grant-funded "High Visibility and Enforcement" Program; • The City of Cape Canaveral, in partnership with SCTPO, presented a Community Outreach session on"Bicycle and Pedestrian and Safety" in 2018; • The 2018 Community Survey which yielded over 1,000 respondents, and asked targeted questions regarding SR AlA; • City Staff attended a stakeholder meeting with representatives from FDOT and SCTPO (Attachment 2) regarding the beginning phase of the design work for the corridor City Council Meeting Date: 03/19/2019 Item No. 2 Page 2 of 5 reconstruction/curb and gutter project from Long Point Rd. north to George King Blvd. in January 2019. During the meeting, Staff stressed the importance of priorities expressed in Resolution 2018-01; • Partnered with SCTPO to host a workshop on a County-wide initiative for their Bike & Pedestrian Master Plan in January 2019; and • Currently participating in a Community-based Vulnerability Assessment to determine the City's exposure to chronic stressors including sea level rise and flooding which would impact the design and sustainability of the City's road network and infrastructure. Resolution No. 2019-01 (Attachment 3) officially updates and acknowledges the City's continued prioritized needs for SR AlA improvements. Exhibit"A" to Resolution No. 2019-01 compiles/ranks updated concerns. FDOT District V is conducting a series of high-level Pedestrian Studies throughout the SR AlA corridor in Brevard County. Some studies are underway and others are being scoped. The goal is to ensure concurrence on issues/problems along SR AlA so that future improvements will maintain design consistency while acknowledging the individual character and needs of the jurisdictions. The Draft SR AlA FDOT Access Management Report can be accessed via the City Web site (News Tab). With this in mind, City Staff are often questioned at City events, meetings, on social media and through general Community interaction about what can be done to improve SR AlA. As a result, the 2018 Community Survey included several questions directly related to SR AlA, bikeability and walkability. Questions were as follows: Question 32: How important is it to be able to safely and easily bike or walk on SR AlA? • Approximately 82% of respondents indicated that being able to safely and easily bike or walk on SR AlA is either Very Important or Extremely Important to them. 12% said it was Somewhat Important, and only 7% indicated that it was either Not So Important or Not at All Important. However, the majority (47%)of respondents were either Dissatisfied or Very Dissatisfied with the level of satisfaction with biking or walking safety on SR AlA. Question 33: How satisfied are you with the level of ease or safety you feel when biking or walking on SR AlA? • Approximately 21% of respondents indicated that they were either Very Satisfied or Satisfied with the level of ease or safety they feel when biking or walking on SR AlA. Approximately 32% said they were Neither Satisfied nor Dissatisfied, and approximately 47%were either Dissatisfied or Very Dissatisfied. Question 34: How important is it to be able to safely and easily bike or walk across SR AlA? • Approximately 88% of respondents indicated that being able to safely and easily bike or walk across SR AlA is either Very Important or Extremely Important to them, and fewer than 3%indicated that it was either Not So Important or Not at All Important. City Council Meeting Date: 03/19/2019 Item No. 2 Page 3 of 5 Question 35: How satisfied are you with the level of ease or safety you feel when biking or walking across SR AlA? • Approximately 22% of respondents indicated that they were either Very Satisfied or Satisfied with the level of ease or safety they feel when biking or walking across SR AlA. Approximately 28% said they were Neither Satisfied nor Dissatisfied, and approximately 51%were either Dissatisfied or Very Dissatisfied. Question 62: How would you rate progress in the City over the past 10 years in each of the areas listed below? • A majority of respondents indicated they had noted A Lot of Progress or Some Progress in overall City bikeability and walkability (72%). Participants were also allowed additional anonymous comments about desires and issues related to Cape Canaveral. Comments related to SR AlA described it as dangerous, scary, not safe, un-crossable, a horror, needs improvement, unpleasant, not bike friendly, extremely hazardous to bikers and walkers. Other comments ask the City to lower the speed limit, add more signalized crosswalks, install bike lanes, traffic calming elements and medians. Because our Community has multiple pedestrian attractors (residential, commercial, office, recreational or other land use that is expected to be an end destination for pedestrian trips) and pedestrian generators (residential, commercial, office, recreational or any other land use that serves as the starting point for a pedestrian trip) on both sides of the SR AlA corridor, it is vital that pedestrian safety improves. Furthermore, a recent, widely-published report titled Dangerous by Design (2019) (Attachment 4) by Smart Growth America ranked the Space Coast Area as the third most dangerous metropolitan area for pedestrians in the United States, while Florida topped their list for the fifth time as the most dangerous State, with nine (9) out of the top 20, and eight (8) out of the top ten most dangerous metropolitan areas for pedestrians. Smart Growth America found that decades-old policies and funding mechanisms create designs that make streets more unsafe because they continue to prioritize moving vehicles quickly and efficiently. Accordingly, maintaining pavement conditions generally takes precedence. The report indicates one way to make safety a higher priority is to get rid of the"level of service" design metric. Level of service, used by nearly all states, measures the success of a street solely based on vehicle delay. Minimizing vehicle delay as the number one goal often produces roads that are the most dangerous by design. The Smart Growth America report implores local, state and federal governments to design and/or redesign roads in ways that improve pedestrian safety using methods such as: • Lower speed limits; • Frequent safe opportunities to cross streets; • Protected bike lanes; • Enforcing speed limits; • Public education; • Median islands; City Council Meeting Date: 03/19/2019 Item No. 2 Page 4 of 5 • Sidewalks; and • Greater separation from traffic with landscape buffers. Additionally, the report notes the need for a strong federal Complete Streets policy that requires state departments to plan for all people who use a street. Federal and state policies must be flexible and allow planners and engineers to develop innovative roadway designs. National policy must prioritize safety and allocate spending to projects that support walking, biking, transit and other modes of transportation. According to Smart Growth America, "This year, Congress has a major opportunity to reshape our mobility future as they begin the work of reauthorizing our federal transportation bill in 2020. To address our continuing safety problems, they must create policies that change the way we fund, design, and measure the success of our streets nationwide to make sure the safety of all people who use the street including people walking, is our highest priority." State and local actions include: • Prioritizing projects that will benefit those who suffer disproportionately; • Embracing the flexibility provided by FHWA to design safer streets; • Designing roads to reduce speeds wherever possible; • Passing actionable Complete Streets policies that lay the groundwork for implementation; • Stopping references to pedestrian fatalities as unavoidable"accidents"; and • Testing out bold, creative approaches to safer street design. Through these actions, states must raise the bar by innovating road design, decrease targets for traffic fatalities and serious injuries and work toward eventually eliminating all traffic-related deaths and serious injuries. The City is also aware of progressive safety initiatives to include roundabouts, pedestrian sensor technology and innovative street design and is open to exploring such forward-thinking options. Staff has indicated to SCTPO that we are open to their pursuit of such educational opportunities within the City. Overall, it is imperative to the safety of our Community that City Council use every tool to protect residents and visitors of all ages and backgrounds from being seriously injured or possibly killed on SR AlA. Therefore, to lessen the number of Cape Canaveral pedestrians and motorists seriously injured or killed on/using SR AlA, the ongoing FDOT Traffic Study is necessary to support the installation of midblock crossings, native vegetation "islands," feeder street striping, traffic calming devices, a pedestrian/vehicle barrier and most important to lower the speed limit to 35 mph within City limits. There are three additional Staff recommendations included in this Resolution: • Wide buffered, protected and/or separated and marked bike lanes on both sides of SR AlA that are in addition to wide sidewalks. • Installation of mast arms and fully-audible and light signalized intersection at the intersection of Thurm Blvd. and SR AlA. • The remainder of SR AlA within the City of Cape Canaveral, from Long Point Rd. to the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as City Council Meeting Date: 03/19/2019 Item No. 2 Page 5 of 5 appropriate, be advanced on the prioritized list of projects for curb and gutter improvements in order to provide for bicycle and pedestrian safety while seamlessly transporting traffic through the City of Cape Canaveral and provide for the general aesthetic of a unified corridor. Submitting Department Directors: Joshua Surprenant/Todd Morley Date: 3/11/19 Attachments: 1. Cape Canaveral Vision Statement 2. Minutes from January 7, 2019 SR AlA Stakeholder Meeting 3. Resolution No. 2019-01 a. Exhibit"A" —Prioritized SR AlA Improvements 4. Dangerous by Design by Smart Growth America(2019) Additional Information: • Draft SR AlA FDOT Access Management Report (City Website/News Tab) Financial Impact: Staff time and effort to prepare Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/11/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-01. Approved by City Manager: David L. Greene Date: 3/7/19 Attachment 1 5-16-2017 (City Seal) CITY OF CAPE CANAVERAL THE SPACE BETWEEN Cape Canaveral Vision Statement We envision: A bikeable and walkable Cape Canaveral that retains and enhances its welcoming residential feel, characterized by low-rise buildings. This residential and business friendly atmosphere is a livable, attractive, safe, inclusive and sustainable coastal community that embraces the oceanside and riverside as the main amenities, and supports and promotes local tourism, culture, recreation, commerce, municipal civic interests and education. We envision: A City network of"complete streets" with a native-landscaped and tree-lined median with traffic calming elements and dark-sky street lighting. "Complete street" amenities include bicycle facilities, covered transit stops and safe pedestrian crossings that invite pedestrians and bicyclists to access the beach, river, local neighborhoods and adjacent communities. Our improved "complete streets"will allow us to travel calmly to intimate waterfront destinations and a walkable uptown core. Multi-use paths lined with shade trees should be wide enough for bikes and pedestrians and lighted so anyone can walk or bicycle safely anywhere in town, day or night. We envision: Welcoming community entrance features that create a sense of arrival and unique community identity as The Space Between. The "uptown" and other areas will contain an architecturally rich and unique mix of uses, with wide tree shaded sidewalks and umbrella covered café tables at restaurants and bistros where friends gather, interact and enjoy drinks and dinner. We envision: An engaged and compassionate community that; removes or transforms blighted and unfinished buildings into attractive structures, offers city-wide green spaces, provides a pet-friendly park with ample shade, acts progressively but deliberately and actively recruits and supports businesses that enhance economic viability and serve our residents and visitors with goodwill. We envision: Open shorelines and rivers accessible to the public including amenities that take advantage of the water, such as limited and quaint water-view establishments and intimate public gathering and entertainment places that may include pavilions, gazebos or a performance stage. Attachment 2 Stakeholders Meeting Minutes SR A1A—Corridor Reconstruction FDOT FM No:430202-8-52-01 Brevard County Date:January 7, 2019 Time: 2:00 PM—3:00 PM Location: Cape Canaveral City Hall Attendees: Kristine Prince Matthew Gallup Jamie Kersey Georganna Gillette John Pekar Jeff Ratliff Todd Morley Veronica Narvaez-Lugo Brenda Surprenant Sarah Kraum 1. Introductions 2. Purpose The purpose of this meeting is to solicit all information from stakeholders that may affect the scope of the project.The project stakeholders should submit their request to the Department Project Manager in writing no later than two weeks after the meeting. 3. Project Overview Current Project Scope • Modify typical section to a four-lane divided roadway with 11' travel lanes, 7' buffered bike lanes, 22' median, and 6' sidewalks, Provide pedestrian safety enhancements along corridor, at intersections, and improved intersection geometry Alternative Project Scope • Inverted Typical Section to provide drainage within the median and reduce utility impacts 4. Local Input • City of Cape Canaveral Resolution No. 2018-01 was provided and discussed • Reduce speed limit to 35 mph • Additional traditional crosswalks at signalized intersection of Central Ave and SR A1A • Provide mid block crosswalks at the following locations: • Burger King/SCAT bus stop (Just North of Race Track) • Thurm Blvd. • Columbia Dr. • Install low-level landscaped medians with managed turning movements • Install high-level landscaping along sidewalks/pedways • Decorative solar-powered lighting, street furniture, additional traffic signage • Curb and gutter roadway with potential usage of bio-swales • Wide sidewalk/pedway construction (8-10' on East side) stenciled for bike usage with ADA compliant designs • Low-maintenance stormwater improvements at outfalls.They expressed strong needs for stormwater pre-treatment system(s)for Nitrogen and Phosphorus pollutant loadings into the lagoon. • Install native vegetation islands, crosswalk striping,traffic calming devices, and ped/vehicle barriers • Reduction of overhead utilities—Duct banks • The City of Cape Canaveral would like to reduce the speed to 35 mph and reduce the proposed lane widths to 10' • The City of Cape Canaveral expressed a need for a signal at Thurm Blvd (Signal Warrant to be determined by the City)with possible driveway realignment to the east of SR A1A • Discussed required setbacks from the R/W for buildings and landscaping (previously 50' and current is 15') • Bicycles and Pedestrians • Bike share station at Thurm Blvd and new station at City Hall • Concern over the number of pedestrian accidents • Community Survey was completed for bicycles and pedestrians along SR A1A htt ps://www.c ityofca peca nave ra I.o rg/ve rt i ca I/sites/%7 BC EA B0943-1 F37-4 E48-833 E- AFC3D9CA4058%7D/uploads/cocc ce community survey surveymonkey data 2018.pdf • A1A and W Central—add the 4th leg of the crosswalk if possible • Audible Signal upgrades if possible • Current Pedestrian Study for the corridor underway by FDOT • Concerns at the Ice Cream shop located on the east side of A1A attracting pedestrians to cross A1A midblock without a designated crosswalk • Examples of locations with desirable bicycle and pedestrian accommodations are Ridgewood Ave and 17/92 near the Osceola Court House • Utilities • New utilities at George King Blvd and connect to the A1A corridor in the NE corner • FPL is transitioning to LED lighting • Fiber upgrade at the George King Blvd Intersection • Multiple properties were discussed as potential stormwater treatment locations • Access Management—Discussions with Property owners expressed concerns of access modifications along the corridor and City indicated that access is based on FDOT requirements • The SCTPO discussed the FAST Act and the need to consider sea level rise and resiliency during the design process https://spacecoasttpo.com/wp-content/uploads/2018/03/Space-Coast-TPO-Sea-Level-Rise- Analysis.pdf 5. Open Discussion • The project currently does not have R/W or Construction Funds • City would prefer to review the preliminary plans prior to the Public Involvement meeting 6. Meeting Action Items • Brenda Surprenant to provide the community survey • Sarah Kraum to provide transit study information • Veronica Narvaez-Lugo to provide updated Fiber Plans at George King • Kristine Prince to coordinate with Kevin Marquez for Ped Study 7. Close Attachment 3 RESOLUTION NO. 2019-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MODIFYING AND UPDATING THE CITY'S LIST OF STATE ROAD AlA IMPROVEMENT PRIORITIES; REQUESTING THE FLORIDA DEPARTMENT OF TRANSPORTATION PROVIDE AN UPDATED TRAFFIC STUDY FOR THE PORTION OF STATE ROAD AlA LOCATED WITHIN THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation ("FDOT"), the Space Coast Transportation Planning Organization ("SCTPO") and the AlA Action Team, which consists of a group of organizations, businesses and residents along the State Road (SR) AlA Corridor, seek to address multimodal transportation along SR AlA from the Pineda Causeway (SR 404) to SR 528 in the City of Cape Canaveral; and WHEREAS,a recent widely published report titled Dangerous by Design (2019)by Smart Growth America ("Report")ranked the Space Coast Area as the third most dangerous metro area for pedestrians in the United States; and WHEREAS, the findings contained in the Report provide that policies and funding mechanisms that have been in place for decades have created designs that make streets more unsafe because such policies and funding mechanisms continue to prioritize moving vehicles quickly and efficiently over public safety for all people especially pedestrians, bicyclists and other users of multimodal transportation options; and WHEREAS,the City Council continues to strongly emphasize, as a matter of local policy, that bicycle, multimodal and pedestrian safety/connectivity throughout the SR AlA corridor be given more consideration and emphasis to address the public safety needs of all people required to use SR AlA for transportation and connectivity within the City of Cape Canaveral; and WHEREAS,based on public concerns and experience expressed to the City over the years, the City Council believes that any future designs for SR AlA improvements must encourage safer, slower driving speeds to improve public safety on SR AlA; and WHEREAS,the City Council desires to transform SR AlA into a safe, more resilient, and efficient multimodal corridor that connects and supports the economic viability of the City of Cape Canaveral and is also aesthetically pleasing while providing a sense of community through innovation, design, safety and connectivity; and WHEREAS,the City Council intends to streamline development of feasible improvement strategies to address locally identified transportation, community planning and urban design issues City of Cape Canaveral Resolution 2019-01 Page 1 of 3 such as corridor beautification, way-finding signage, undergrounding of utilities, traffic calming devices, pedestrian and bicycle facility enhancements, improved transit service, intersection improvements and other infrastructure improvements; and WHEREAS,the City Council desires to promote the safety, efficiency,innovation, design, connectivity and aesthetics of the SR AlA corridor and has prioritized the City's desired improvements related to that portion of the SR AlA corridor located within the City; and WHEREAS, on July 15th, 2014 the City Council approved Resolution No. 2014-22 approving the City's initial list of SR AlA Improvement Priorities, and said list was modified and updated by Resolution No. 2015-06 which was approved by the City Council on May 19, 2015 and again by Resolution No. 2018-01 which was approved by the City Council on February 20, 2018; and WHEREAS,the City Council recognizes that circumstances continue to change since the City last updated its list of SR AlA Improvement Priorities and therefore, the City Council desires to modify and update its list of SR AlA Improvement Priorities; and WHEREAS, particularly, the City Council is aware of an increase in City-wide bicycle ridership and pedestrian activity that requires the City to continue to promote and prioritize safe and attractive bicycle and pedestrian crossings and amenities along SR AlA; and WHEREAS, the City Council is also aware of current and on-going positive growth projections for the Space Industry, Port Canaveral, and tourism within the Cape Canaveral area and this projected positive growth requires that the City Council promote and prioritize safety enhancements to SR AlA consistent with the City's ongoing branding initiative and strategic vision for the Cape Canaveral Community; and WHEREAS, the City Council acknowledges and appreciates that some efforts are currently being made by FDOT and SCTPO on the Long Point Road-to-George King Boulevard Curb and Gutter Design Project and the International Drive Realignment Design Project which should provide some local improvement consistent with the concerns and priorities expressed by the City Council in this Resolution; and WHEREAS,in order to manage the positive growth projections anticipated within the City of Cape Canaveral and surrounding area, the City Council desires FDOT to provide an updated traffic study for that portion of the SR AlA corridor located within the City of Cape Canaveral, where such traffic study accounts for the increase in bicycle ridership and pedestrian activity, on- going growth projections for the Space Industry/Port Canaveral/tourism and seasonal variations. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. City of Cape Canaveral Resolution 2019-01 Page 2 of 3 Section 2. Approval of SR AlA Priorities. The City Council of the City of Cape Canaveral hereby approves a modified list of the City's priorities for improvements to that portion of SR AlA within the City of Cape Canaveral, as attached hereto and incorporated herein by reference as Exhibit"A". Section 3. Request for Updated Traffic Study. The City Council of the City of Cape Canaveral hereby requests FDOT provide an updated traffic study for that segment of SR AlA located within the City of Cape Canaveral which accounts for the increase in bicycle ridership and pedestrian activity, on-going growth projections for the Space Industry/Port Canaveral/tourism as well as seasonal variations. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 19th day of March 2019. Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob Hoog City Clerk Wes Morrison Rocky Randels Angela Raymond 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 2019-01 Page 3 of 3 Exhibit"A" City of Cape Canaveral Prioritized SR AlA Improvements Resolution No. 2019-01 Public Safety Priority Items 1. Lower all speed limits to 35 m.p.h. 2. Public Safety Improvements: A. Additional crosswalks at existing signalized intersections: I. North side of the signalized intersection of W. Central Avenue/Astronaut Boulevard. II. South side of the signalized intersection of Holman Road/North Atlantic Avenue. B. All existing crosswalks and intersections to be audible and signalized. C. New mid-block audible/signalized crosswalks with HAWK(High-intensity Activated crossWalK)beacons or PHB (Pedestrian Hybrid Beacons) at the following locations: I. Burger King/SCAT bus stop II. Columbia Drive III. Jackson Avenue W. Taylor Avenue V. Cape Shores/East Hayes Avenue D. Urban roadway profile safety improvements: I. Installation of wider landscaped medians with managed turning movement areas; low landscaping in medians to maintain driver visibility, with higher landscaping along sidewalks/pedways. II. Installation of landscaping along SR AlA including,where appropriate, cluster landscape features. III. Installation of street furniture and decorative lighting (solar powered lighting where possible) and traffic signage. W. Construction of curb and gutter along both sides of roadway. This will require limited/as-necessary right-of-way acquisition funding for stormwater ponds and clipped corners at intersecting roadways. Consider bio-swales within landscaping plan for SR AlA; bio-swales will need to be located near existing storm drain inlets so stormwater overflow can enter system. V. Construction of wide sidewalks in addition to wide buffered, protected and separated bike lanes (appropriately marked/stenciled), along both sides of SR AlA to more safely accommodate pedestrians and bicyclists; improve sidewalks along SR AlA in an ADA compliant manner. VI. Construction of low-maintenance stormwater improvements near stormwater outfalls that address ponding and water quality, including pre-treatment for nitrogen and phosphorus. Stormwater gardens might be considered in historic ponding areas. VII. Where appropriate and needed to improve pedestrian and bicycle safety,install native vegetation "islands," crosswalk striping including on side-streets feeding into SR AlA and other arterial roadways, traffic calming devices, and pedestrian/vehicle barriers. 3. Realignment of International Drive: The realignment of International Drive with North Atlantic Avenue will require right-of- way (ROW) acquisition funding and must address not only the roadway alignments, but also stormwater drainage (possible wet detention pond) and pedestrian/bike crossings. Include marked crosswalks on all sides of this intersection. The International Drive Realignment Project Design is currently funded and underway. 4. New mast arms and audible/signalized intersection at SR AlA and Thurm Boulevard: The installation of an audible/signalized intersection at Thurm Boulevard will require the private property owners on the east side of Astronaut Boulevard to design and construct an aligned common driveway. 5. The remainder of SR AlA within the City of Cape Canaveral, from Long Point Road to the southern jurisdictional limits of the City of Cape Canaveral, and beyond, as appropriate, be advanced on the prioritized list of projects for curb and gutter improvements in order to provide for bicycle and pedestrian safety and while seamlessly transporting traffic through the City of Cape Canaveral and provide for the general aesthetic of a unified corridor. City Vision Priority Items 1. Reduction in overhead lines to include undergrounding of utilities and replacement of existing utility poles with decorative poles. There are over 100+ overhead wires crossing SR AlA in the City. Any reduction in these wires (without impacting existing services) would improve the aesthetics of the entire corridor. 2. Wayfinding signage. Authorize the City to install and maintain an appropriate number of effective and efficient decorative wayfinding signage (with landscaping) directing pedestrians to parks, police, fire and other City and government facilities that pedestrians commonly need to travel. 3. Beautification efforts. Authorize and support City-initiated beautification efforts along SR AlA and other state roadways and land within the City such as the City's Adopt-A- Median/Roadway Landscape Program and Art Utility Box Program. 4. Ensure that all SR AlA public safety and vision priorities are implemented in a manner that is not only functional, but aesthetically pleasing and consistent with the City's on- going branding and strategic planning efforts. FDOT Proposed Section 6 ft.sidewalk 7 ft.bike lane(striped) Widen two 10 ft.travel lanes to two 11 ft.travel lanes 17 ft.raised median Widen two 10 ft.travel lanes to two 11 ft.travel lanes 7 ft.bike lane (striped) 6 ft.sidewalk City of Cape Canaveral Proposed/Conceptual Section (using same FDOT dimensions - inverted profile) 6 ft.sidewalk 7 ft.bike lane(separated) Retain existing two 10 ft.travel lanes 17 ft.raised median Retain existing two 10 ft.travel lanes 7 ft.bike lane(separated) 6 ft.sidewalk (Photo of two-way bike lane alongside road) Attachment 4 (photo collage of dangerous pedestrian situations) 2019 DANGEROUS BY DESIGN Smart Growth America National Complete Streets Coalition Improving lives by improving communities (Photo of pedestrians alongside road) Smart Growth America National Complete Streets Coalition Improving lives by improving communities SMART GROWTH AMERICA is a national organization dedicated to researching, advocating for, and leading coalitions to bring better development to more communities nationwide. From providing more sidewalks to ensuring that more homes are built near public transportation or that productive farms remain a part of our communities, smart growth helps make sure people across the nation can live in great neighborhoods. Learn more at www.smartarowthamerica.ora. The NATIONAL COMPLETE STREETS COALITION, a program of Smart Growth America, seeks to fundamentally transform the look, feel, and function of the roads and streets in our communities, by changing the way most roads are planned, designed, and constructed. Complete Streets policies direct transportation planners and engineers to consistently design with all users in mind. Learn more at www.smartarowthamerica.ora/complete-streets. This project was made possible by the following organizations: *AARP® Real Possibilities AARP is the nation's largest nonprofit, nonpartisan organization dedicated to empowering Americans 50 and older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, AARP works to strengthen communities and advocate for what matters most to families with a focus on healthy security, financial stability and personal fulfillment. The AARP Livable Communities initiative works nationwide to support the efforts of neighborhoods, towns, cities, counties and rural areas to be livable for people of all ages. Websites: AARP.ora and AARP.org/Livable I Email: Livable@AARP.org I Free Newsletter: AARP.org/Livable-Subscribe Facebook: /AARPLivableCommunities I Twitter: @AARPLivable 1601 E Street NW, Washington, D.C. 20049 American Society of Landscape Architects Founded in 1899, the AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS is the professional association for landscape architects in the United States, representing more than 15,000 members. The Society's mission is to advance landscape architecture through advocacy, communication, education, and fellowship. Sustainability has been part of ASLA's mission since its founding and is an overarching value that informs all of the Society's programs and operations. ASLA has been a leader in demonstrating the benefits of green infrastructure and resilient development practices through the creation of its own green roof, co - development of the SITES® Rating System, and the creation of publicly -accessible sustainable design resources. Learn more at www.asla.org N NELSON NYGAARD NELSON\NYGAARD CONSULTING ASSOCIATES is an internationally recognized firm committed to developing transportation systems that promote vibrant, sustainable, and accessible communities. We plan and design connected complete streets that put people first. Learn more at www.nelsonnygaard.com. In addition, thank you to the following individuals for your support and for adding your voices to call for safer streets: John David Carson Barb Chamberlain Rich Harrison Janet Manry Morgan Palmer Joe Roskowski Elizabeth Schilling John Siekmeier Daniel P Stephens John D Thompson Project Team: The primary author of the language in this report was Heather Zaccaro. Jordan Chafetz and Sophie Schonfeld conducted all analyses and created the maps and figures throughout this report. This project was conducted under the leadership and guidance of Emiko Atherton, Stephen Lee Davis, and Michael Rodriguez. DANGEROUS BY DESIGN Executive Summary EXECUTIVE SUMMARY Between 2008 and 2017, drivers struck and killed 49,340 people who were walking on streets all across the United States. That's more than 13 people per day, or one person every hour and 46 minutes. It's the equivalent of a jumbo jet full of people crashing—with no survivors—every single month. In the past decade, the number of people struck and killed while walking increased by 35 percent. 2016 and 2017 were the two highest years since 1990 for the number of people who were killed by drivers while walking. This report ranks states and metropolitan areas around the country using our "Pedestrian Danger Index", or PDI. This index measures how deadly it is for people to walk based on the number of people struck and killed by drivers while walking, controlling for the number of people that live in that state or metro area and the share of people who walk to work. The 2019 edition of Dangerous by Design includes traffic deaths that occurred between 2008 and 2017 from the Fatality Analysis Reporting System (FARS), a national database of all fatal traffic crashes. What this report shows is that our streets aren't getting safer. Even more so, while traffic deaths impact every community in the United States, states and metropolitan areas across the southern continental United States, older adults, people of color, and people walking in low-income communities bear a higher share of this harm. Why is this happening? We're not walking more, and we're only driving slightly more than we were back in 2008. What is happening is that our streets, which we designed for the movement of vehicles, haven't changed. In fact, we are continuing to design streets that are dangerous for all people. Furthermore, federal and state policies, standards, and funding mechanisms still produce roads that prioritize high speeds for cars over safety for all people. To reverse this trend and save lives, we need to protect all users of the transportation system through our policies, programs, and funding. Federal funds, policies, and standards helped to create this problem and have a role in improving the streets we build tomorrow. DANGEROUS BY DESIGN Executive Summary THE TOP 20 Most Dangerous Metropolitan Areas for Pedestrians (Map) (2008-2017) •Top 1-10 Top 11-20 r MI, IminAlbuquerque Mir Little Rock -North Little Rock -Conway Baton Rouge jfj McAllen -Edinburg -Mission Greenville -Anderson -Mauldin D Memphis 0 Augusta -Richmond County ° Birmingham -Hoover °Jacksonville © Deltona-Daytona Beach -Ormond Beach Orlando -Kissimmee -Sanford 0 ° Palm Bay -Melbourne -Titusville Tampa -St. Petersburg -Clearwater 00 Lakeland -Winter Haven North Port -Sarasota -Bradenton Q Cape Coral -Fort Myers ° Miami -Fort Lauderdale - West Palm Beach Our federal government needs to take the lead on prioritizing safer streets. Federal dollars and policies helped create these unsafe streets in the first place. And federal funds, policies, and guidance have a significant role to play in fixing these streets and in designing the streets we'll build tomorrow. We call on Congress to adopt a strong, federal Complete Streets policy that requires state departments of transportation (DOTs) and metropolitan planning organizations (MPOs) to consistently plan for all people who use the street, including the most vulnerable users. We call on state DOTs and MPOs to put people first and give their organizations the tools and training they need to create transportation networks that serve all users. We call on the over 1,400 communities that have adopted a Complete Streets policy to turn their vision into practice and implementation. And we call on you to demand safer streets from the elected officials in your communities. DANGEROUS BY DESIGN Introduction INTRODUCTION Between 2008 and 2017, drivers struck and killed 49,340 people while they were walking throughout the United States.' That's more than 13 people per day, or one person every hour and 46 minutes. It's the equivalent of a jumbo jet full of people crashing—with no survivors—every single month. Unlike traffic fatalities for motor vehicle occupants, which decreased by 6.1 percent from 2008 to 2017, pedestrian deaths have been steadily rising since 2009. In 2015, 5,494 people died while walking, an unprecedented increase of 11.9 percent compared to the previous year. In 2016, pedestrian deaths rose by another 10.6 percent to 6,080. Deaths declined slightly in 2017 to 5,977, but this is nothing to celebrate—it's still the second highest body count on record since 1990.2 How do we shift safety culture? One fatality on a U.S. air carrier in nine years, and everyone in this room knew about it. So why do we under - react to hundreds of tragic deaths every day on our roads?" -Deborah Hersman, former President & CEO, National Safety Council Pedestrian Fatalities and Vehicle Miles Traveled (VMT) (2008-2017) Total Pedestrian Fatalities (thousands) (bar graph) 6 5 4 3 2 1 4,414 4,109 4,302 • 4,457 4,818 4,779 2008 2009 2010 2011 2012 5,494 4,910- 6,080 2013 2014 2015 2016 5,977 3.4 3.3 w 0 A> 3.2 3 C) (D 3.1 N 3.0 2.9 2.8 2017 DANGEROUS BY DESIGN I Introduction WHY IS THIS HAPPENING? _co Ld 55Q 50 ARE WE WALKING MORE? Not really. Although individual cities and metropolitan areas have observea increased walking rates, the share of trips made by walking nationwide barely _:, I from 2009 to 2017 according to the National Household Travel Survey, and the total number of all trips, including walking trips, decreased during this time.3 ARE WE DRIVING MORE? Vehicle Miles Traveled (VMT), or the total amount of driving we do as a nation each year, has gradually increased since 2011. However, as shown in the chart on the previous page, VMT in 2017 was only 8.1 percent higher than it was in 2008 before the economic recession, but the number of people struck and killed by drivers while walking rose by more than a third during this time period and is higher now than it's been in nearly three decades.45 5 BY THE NUMBERS From 2008 to 2017: .3451 Pedestrian deaths increased by Vehicle miles traveled increased by t 35.4% t8.1% AQ O bso C) Walking as a share of all trips increased by less 0/O* than *from 2009 to 2017 Traffic deaths among motor vehicle occupants decreased by 6.1% (Photo of pedestrian on grass alongside road) WHAT'S GOING WRONG? We continue to design streets that are dangerous for all people, not just because we keep repeating the same mistakes, but because our federal policies, standards, and funding mechanisms that have been in place for decades produce dangerous roads that prioritize high speeds for cars over safety for all people. Additionally, more people are driving cars that the National Highway Traffic Safety Administration (NHTSA) has determined to be notoriously dangerous for people walking. According to a 2015 NHTSA report, SUVs (sport utility vehicles) and pickup trucks are two to three times more likely than smaller personal vehicles like sedans to kill people walking in the event of a crash. A recent Detroit Free Press article observed that SUV sales have climbed steadily since 2012, surpassing sedans as the best-selling type of vehicle nationwide as of 2014.67 This year, Congress has a major opportunity to reshape our mobility future as they begin the work of reauthorizing our federal transportation bill in 2020. To address our continuing safety problems, they must create policies that change the way we fund, design, and measure the success of our streets nationwide to make sure the safety of all people who use the street including people walking, is our highest priority. Our federal government needs to take the lead on prioritizing safer streets. Federal dollars and policies helped create these unsafe streets in the first place. And federal funds, policies, and standards have a significant role to play in fixing these streets and in designing the streets we'll build tomorrow. DANGEROUS BY DESIGN Introduction We need a strong federal Complete Streets policy that requires state departments of transportation to consistently plan for all people who use the street, including the most vulnerable users. Federal policy must also open the door for flexible guidance to allow planners and engineers to make innovative decisions about how to design roadways to accommodate all users. We need performance measures that ensure states set targets that require progress toward creating safer streets and hold them accountable for achieving reductions in serious injuries and fatalities, penalizing them for failing to meet those targets. And we also need more high quality data on the street conditions where fatalities occur and on traffic -related injuries nationwide to help us better diagnose and solve the problem. Funding is a first step. But not the last. As long as the federal government continues to invest the lion's share of our transportation funding in building, maintaining, and widening streets for cars instead of creating safer streets for people, we will continue to see more people being killed while walking. National policy must reflect safety as a higher priority. This will result in the reallocation of our current spending to invest in safety for all users and help to establish dedicated funding programs for projects to support walking, biking, transit, and other modes of transportation. Emerging technologies such as automated vehicles (AVs) aren't the answer either. These technologies are not going to solve our safety problems for us, especially not when it comes to the safety of people walking. AVs may not always be able to reliably detect people walking and biking. Additionally, under pending federal legislation, states and cities will have little to no oversight over how these technologies are deployed within their own communities. "ACCEPTABLE" DEATHS? Many states—including 10 of the 20 most dangerous for people walking— planned for more pedestrian deaths in 2018 than 2017. Under the Federal Highway Administration's Highway Safety Improvement Program (HSIP), state departments of transportation were required to set performance targets for traffic fatalities and serious injuries and then monitor their progress over time. Unfortunately, a closer look at these targets reveals just how low the bar is for safety in many states which are setting targets that would actually increase pedestrian fatalities. In 2017, states updated their safety goals for 2018, including setting target numbers for deaths and serious injuries among people walking, biking, or using other non -motorized forms of travel. 18 states established targets for non -motorized deaths and injuries that are higher than the number of people killed or injured in the most recent year of data reported. Ten of these 18 states—Alabama, Arkansas, California, Delaware, Florida, Kentucky, Michigan, Missouri, Nevada, and Oklahoma—are among the top 20 most dangerous states for people walking. The only "acceptable" number of deaths on our roadways is zero, but every single state—whether seeking to marginally reduce pedestrian deaths and injuries or allow them to continue climbing unabated— established a target for "success" that allows these preventable deaths to continue or even increase. We can and must raise the bar by requiring states to set safety targets that reduce rather than increase the number of people killed or seriously injured while walking or biking on our streets, ultimately working toward eventually eliminating all traffic -related deaths and serious injuries. However, to make this vision a reality, we need a strong federal policy with binding enforceable requirements that hold states to higher safety standards. DANGEROUS BY DESIGN Motor Vehicle Related Fatalities Percentage of Total Motor Vehicle- Related Fatalities (line/bar graph) 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Introduction 1 6.1 % PEDESTRIANS e 2.7% OTHER NON -MOTORISTS 2008 We must make preventing traffic deaths a higher priority nationwide, including for people walking. Of all the people that die in traffic crashes on our roads, people walking now comprise 16.1 percent of all deaths, and as shown above, that share has been consistently growing for more than a decade.8 Better, faster trauma care and safety improvements for occupants of vehicles ranging from seatbelts to automatic braking and lane departure warnings have played an important role in saving lives on our roadways overall. However, the safer street and vehicle design standards needed to protect people walking have progressed slowly or not at all. 2017 31.2% MOTORISTS This report ranks the most dangerous states and metropolitan areas across the United States for people walking. It also exposes disparities in which groups of people are most at risk of dying while walking. Traffic deaths impact every community in the United States, but states and metropolitan areas across the southern continental United States, older adults, people of color, and people walking in low-income communities bear a higher share of this harm. It is our hope that this report will inspire communities across the country to take action. Policymakers at the federal, state, and local level can and should do more to ensure streets are designed and operated to protect the safety of all people who use them regardless of age, ability, income, race, ethnicity, or mode of transportation. DANGEROUS BY DESIGN Introduction WHAT CAN BE DONE TO ADDRESS THIS PROBLEM? It's thankfully not a mystery—we have the recipe in our hands. At the federal level, we need a strong, federal Complete Streets policy as a first major step, but here are nine other concrete actions that policymakers, local leaders, engineers, and others can take at the state, metropolitan, or local level. State actions 1. Set performance targets that will improve safety. State (DOTs) must be held accountable for making reductions in serious injuries and fatalities and should be penalized for failing to meet those targets. They certainly shouldn't receive funding for plans to increase fatalities. Read more on page 7. 2. Prioritize safety over vehicle movement. Though states might have a long list of goals or objectives for their transportation system, moving vehicles quickly and efficiently and maintaining pavement conditions generally take precedence. One way to make safety a higher priority is to get rid of the "level of service" design metric. Level of service, used by nearly all states, measures the success of a street solely based on vehicle delay. Minimizing vehicle delay as the number one goal often produces the roads that are the most dangerous by design. (Photo of adult and child crossing multi-lane road) This road is not congested. Does that mean it's successful? 3. Provide state transportation officials and engineers with the most up-to-date training and education on implementing Complete Streets. In states that have made a policy commitment to Complete Streets, often the professional staff tapped to implement changes lack the knowledge required, or the policies and decision-making frameworks already in place need to be updated to support Complete Streets. At the request of state or city DOTs, the National Complete Streets Coalition (and other programs within Smart Growth America) have provided staff with the training needed to embed Complete Streets in their day-to-day work and make safer projects a reality. 9 DANGEROUS BY DESIGN I Introduction State or local actions 1. Prioritize projects that will benefit those who suffer disproportionately. Some groups, including people of color and people walking in lower-income communities, are disproportionately struck and killed while walking. To address this, decision -makers should prioritize the projects that would benefit these vulnerable users. For example, the Nashville Area Metropolitan Planning Organization, when deciding which projects to fund in their selection process, awards extra points to projects that will improve safety for people walking or biking in certain disadvantaged areas.' 2. Embrace the flexibility provided by FHWA to design safer streets. New design guidance from the Federal Highway Administration (FHWA) in 2016 gave states and cities wide latitude to design streets to best suit local needs and rolled back old regulations that treated all streets and roads like highways. This cleared the way for states, metro areas, and local communities to use federal dollars to design safer streets, yet many states falsely claim that federal guidelines continue to restrict innovative street design. 3. Design roads to reduce speeds wherever possible. For people on foot, the likelihood of surviving a crash decreases rapidly as speeds increase past 30 mph. The federal government already knows that excessive speed is a deadly problem in our nation's transportation system—the National Transportation Safety Board recently acknowledged this in a powerful report to FHWA.2 The current practice of measuring how fast most traffic travels on a road and then setting speed limits so that only 15 percent of the drivers are exceeding that o limit results in artificially high speed limits—and unsafe streets for everyone. Rather than designing roads that encourage speeding and then relying upon enforcement, states and cities should design roads to encourage safer, slower driving speeds in the first place. 4. Pass actionable Complete Streets policies that lay the groundwork for implementation. The National Complete Streets Coalition's policy framework provides guidance on how to craft a strong policy that sets up clear next steps to embed Complete Streets in routine transportation planning.3 5. Stop referring to pedestrian fatalities as unavoidable "accidents." City and state leaders should set an example by replacing the word "accident" with "crash" when discussing these preventable deaths. It's a small change that can make a big difference. Read more on page 22. 6. Test out bold, creative approaches to safer street design. Poor street design is neither an insurmountable nor expensive problem. Some cities have found success by testing out low-cost, short-term interventions to create safer streets and then measuring the results to gauge the impact of their projects to work toward permanent solutions.4 1. Building Healthy & Prosperous Communities: How metro areas are implementing more and better bicycling and walking projects. Transportation for America. December, 2017. http://t4america.org/maps-tools/healthy-mpos-guidebook/ 2. Safety Study: Reducing Speeding -Related Crashes Involving Passenger Vehicles. NTSB/SS-17/01 PB2017-102341 National Transportation Safety Board. Adopted July 25, 2017. https://www.ntsb.gov/safety/safety-studies/Documents/SS1701.pdf 3. The Elements of a Complete Streets Policy, Effective 2018. Smart Growth America and the National Complete Streets Coalition. November, 2017. https://smartgrowthamerica.org/introducing brand new grading framework complete streets policies/ 4. Safety Demonstration Projects: Case studies from Orlando, FL, Lexington, KY, and South Bend, IN. Smart Growth America and the National Complete Streets Coalition. April, 2018. https://smartgrowthamerica.org/resources/safety-demonstration-projects-case-studies-from orlando-fl-lexington-ky-and-south-bend-in/ DANGEROUS BY DESIGN The Most Dangerous Places to Walk THE MOST DANGEROUS PLACES TO WALK Our "Pedestrian Danger Index", or PDI, calculates how deadly it is for people to walk in a state or metropolitan area based on the number of people struck and killed by drivers while walking, controlling for the number of people that live in that state or metro area and the number of people that walk to work. Calculating PDI in this way corrects for places that may have higher numbers of fatalities simply as a function of higher numbers of people traveling on foot overall, allowing balanced comparisons between very different places. The share of people who walk to work is the best nationally available approximation of the total number of people who walk for all trips. The 2019 calculations include traffic deaths that occurred between 2008 and 2017 from the Fatality Analysis Reporting System (FARS), a national database of all fatal traffic crashes. Walk to work and population data are taken from the U.S. Census Bureau's 2016 American Community Survey five-year estimates. For age, race, and ethnicity, we calculate a variation of PDI using walking rates from the 2017 National Household Travel Survey in lieu of Census data. Consult the Appendix for a more detailed description of our methodology. This report calculates PDI for all 50 states (plus Washington, DC) and for the 100 largest census defined metropolitan statistical areas (MSAs) nationwide. However, just because your community does not fall within the top 10 or 20 most dangerous places is not necessarily cause for celebration. Since the previous edition of Dangerous by Design, which looked at pedestrian deaths between 2004 and 2015, PDI scores in the vast majority of states and metropolitan areas nationwide have worsened. (Photo of pedestrian on shoulder alongside road) Pedestrian Deaths 100,000 Population Percentage of Walking Trips Pedestrian Danger Index Compared to the previous decade of data in Dangerous by Design 2016, 39 states and the District of Columbia, and 79 out of the 100 largest metropolitan areas, have become more dangerous for people walking. DANGEROUS BY DESIGN 12 The Most Dangerous Places to Walk THE TOP 20 Most Dangerous States for Pedestrians (2008-2017) (Map) Michigan Nevada California Missouri Kentucky, Arizona New Mexico Oklahoma Tennessee Arkansas Alabama North Carolina Georgia South Carolina Texas Florida Delaware Maryland 182 145 127 125 123 117 117 112 111 108 101 101 98 86 85 FL AL DE LA MS GA NM TX AZ SC NV TN NC OK AR CA MO MD MI KY 2008-2017 Pedestrian Danger Index (Bar Graph) PDI BY STATE The map above highlights the top 20 most dangerous states for people walking based on PDI scores. With just a few exceptions, the most dangerous states are located in the southern continental United States. Why the Sun Belt? Part of the reason for this may be because much of the growth in these places occurred in the age, and the development scale of, the automobile. Previous research by Smart Growth America found that in general, the most sprawling metropolitan areas with wider roads and longer blocks typically cluster in the southern states.9 Furthermore, academic research has consistently linked these sprawling growth patterns to higher rates of both traffic -related deaths for people walking and traffic -related deaths overall.10 Future research should explore how historic and ongoing street design practices contribute to these geographic trends. Future research should explore how historic and ongoing street design practices contribute to these geographic trends. DANGEROUS BY DESIGN The Most Dangerous Places to Walk The figure below shows the 10 states that experienced the biggest increase in PDI since the previous iteration of Dangerous by Design. Compared to PDI scores for traffic deaths for the period from 2004 to 2015, PDI scores for these states for the decade from 2008 to 2017 rose by anywhere from 7.9 to 24.5 points, meaning these places have become even more dangerous for people walking. States with Largest Increases in 10 -Year PDI Scores (line graph) Delaware Georgia District of Columbia Texas Tennessee Nevada Oklahoma Mississippi Alabama Louisiana U 20 40 60 The top 10 most dangerous states for people walking in 2019 are the exact same states called out in Dangerous by Design 2016, although the rankings within the top 10 have shifted slightly. The figure at right shows how the top ten states have changed, or more importantly, remained exactly the same in ranking between our 2016 and 2019 reports. States highlighted in bold at the right either moved up in the ranks or remained at the top of our list of the most dangerous places for people walking. Unfortunately, overhauling road design can take decades without the political will to prioritize safety improvements. Although some of these states, including Florida (through their state DOT), have committed to statewide Complete Streets policies, they still have a long way to go to translate those policies into practice. O • Dangerous by Design 2016 O C. Dangerous by Design 2019 • O • 80 100 120 140 160 Top Ten Most Dangerous States (comparison chart) Dangerous by Design 2016 Florida 1 Alabama 2 Louisiana 3 Mississippi 4 New Mexico 5 Arizona 6 South Carolina 7 Delaware 8 Texas 9 Georgia 10 Dangerous by Design 2019 a 1 Florida a 2 Alabama 3 Delaware 4 Louisiana 5 Mississippi 6 Georgia 7 New Mexico 8 Texas 9 Arizona 10 South Carolina (Photo of emergency workers at crash site) 4 out of 5 major metropolitan areas grew more dangerous for people walking PDI BY METROPOLITAN AREA The next page shows the PDI scores for the top 20 most dangerous metropolitan areas for people walking. Once again, the majority of these places fall across the southern continental United States, with eight of the top 10 most dangerous metropolitan areas in the state of Florida. Four out of every five major metropolitan areas grew more dangerous for people walking since the previous edition of Dangerous by Design. The chart below shows the metropolitan areas that experienced the largest increases. These regions saw PDI scores climb by upwards of 28.6 to 86.4 points, meaning the decade from 2008 to 2017 was on average much more dangerous for people walking in these places compared to the decade between 2004 and 2015. MSAs with Largest Increases in 10 -Year PDI Scores North Port - Sarasota - Bradenton, FL Bakersfield, CA Orlando - Kissimmee - Sanford, FL Greenville - Anderson - Mauldin, SC Baton Rouge, LA Deltona - Daytona Beach - Ormond Beach, FL Fresno, CA Memphis, TN -MS -AR Lakeland - Winter Haven, FL Greensboro - High Point, NC 0 50 Dangerous by Design 2016 0 O . +51.5 • +37.3 •r32, 3 0 •'3 .9 +28.6 100 Dangerous by Design 2019 • +8'6.4 0484 9 0 0 0 • -'-30.3 • +37.2 •+78.6 150 200 250 300 350 DANGEROUS BY DESIGN I The Most Dangerous Places to Walk THE TOP 20 Most Dangerous Metropolitan Areas for Pedestrians (2008-2017) (Map) •Top 1-10 •Top 11-20 Greenville-Anderson-Mauldin Albuquerque Little Rock-North utile Rock-Conway Memphis Augusta-Richmond County Birmingham-Hoover Jackson Jacksonville Baton Rouge Deltona-Daytona Beach-Ormond Beach Orlando-Kissimmee-Sanford Palm Bay-Melbourne-Titusville Tampa-St Petersburg-Clearwater Lakeland-Winter Haven North Port-Sarasota-Bradenton Cape Coral-Fort Myers Miami-Fort Lauderdale West Palm Beach Allen-Edinburg-Mission 2008-2017 Pedestrian Danger Index (bar graph) 313 265 245 235 231 226 218 217 205 192 158 157 154 153 RIGHT PLACE, WRONG TIME On July 15, 2015, 46-year-old Francisca Chaja Pelico and her nine-year-old granddaughter Mariela stood on the corner of Broadway and Cecil Avenue in Knoxville, Tennessee. They waited for the light to change then proceeded into the crosswalk. But the light changed back before they had enough time to make it all the way across the street. A driver waiting at the red light accelerated, striking both Francisca and her granddaughter in the crosswalk. Mariela’s injuries, thankfully, were not serious. But Francisca was transported to the hospital where she died the next day. Tragedies like Francisca’s are far too commonplace. Compared to younger people who are struck and killed by drivers while walking, older adults killed while walking are more often at an intersection or within a crosswalk. Part of the reason for this is because even when transportation planners provide people with marked places to cross the street, the amount of time provided to rush all the way across often isn’t adequate, especially for older adults and people living with disabilities. Three years later, the City of Knoxville is testing out improvements to make the intersection of Broadway and Cecil a safer place for people walking. The T-shaped intersection now includes technology that detects people in the crosswalk and extends the length of the walk phase until they make it all the way across the street. Scarcely 10 miles away two older adults were struck and injured in the same crosswalk by two different drivers making left-hand turns at the intersection of Downtown West and Ray Mears Boulevards. In response, the city added a leading pedestrian interval, which gives people crossing the street a head start before cars are given the green light, making people walking more visible to turning drivers. Leading pedestrian intervals, a proven safety countermeasure recommended by the Federal Highway Administration, cost nothing to implement where there are already pedestrian signals in place, and neither does extending the time people have to cross the street. These no-cost measures can (and do) mean the difference between life and death, especially for older adults and people living with mobility challenges. We need to think proactively about these safety concerns when we design our intersections and make sure we provide people not only with safe, convenient places to cross the street, but also with sufficient time to make it all the way across at their own pace. (Graphic of pedestrian waiting at crosswalk signal) DANGEROUS BY DESIGN The Most Vulnerable Populations THE MOST VULNERABLE POPULATIONS Who are the victims of these tragic crashes? Although people of all ages, races, ethnicities, and income levels suffer the consequences of dangerous street design, some neighborhoods and groups of people bear a larger share of the burden than others. Older adults, people of color, and people walking in low-income communities are disproportionately represented in fatal crashes involving people walking. Even after controlling for differences in population size and walking rates, we see that drivers strike and kill people over age 50, Black or African American people, American Indian or Alaska Native people, and people walking in communities with lower median household incomes at much higher rates. Older Adults Our nation's population is becoming older on average. People are living longer and the post-war generation known as the Baby Boomers is reaching the age of retirement. According to U.S. Census Bureau projections, people age 65 and older currently make up about 15 percent of the population, but by 2050 this is expected to rise to 22 percent.11 This has important implications for traffic -related deaths as well as for how we design our streets. Relative Pedestrian Danger by Age (2008-2017) (bar graph) 20.7 28 50+ 65+ 75+ U.S. Overall: 14.8 People age 50 and up, and especially people age 75 and older, are overrepresented in deaths involving people walking.12 This age group is more likely to experience challenges seeing, hearing, or moving, and if these trends are any indication, we are not devoting nearly enough attention to the unique needs of older adults when we design our streets. These disparities become even more pronounced when we account for variations in walking rates by age.13,14 The relative PDI for older adults age 50 and above is more than a third higher than it is for the general population, and for people age 75 and up it is almost twice as high. Additionally, a closer look at nationwide FARS data reveals that, compared to younger victims of pedestrian deaths, older adults who are struck and killed while walking are more often at an intersection or in a crosswalk.15 DANGEROUS BY DESIGN The Most Vulnerable Populations (Photo of pedestrians in crosswalk at intersection) SEIZE THE MOMENT Across the country, nonprofits and advocacy groups have staged protests 18 and performances to call attention to the amount of time older adults need to safely cross the street. Even where marked crosswalks exist—and in many places they are still, crucially, absent—the traffic signal timing may provide a dangerously inadequate amount for older adults and people living with disabilities to safely cross. In Milwaukee, Wisconsin, the Sojourn Theatre staged a performance to highlight insufficient signal timings at crosswalks. They carried homemade ship sails and mock drawbridges, staging 20 -second performances in dangerous intersections identified by older adults through a survey. They also invited a state senator and six local and regional elected officials to walk across the street alongside older adults to experience firsthand how stressful and dangerous it can be to try to race against the clock. As a result, Milwaukee adjusted countdown clocks to give pedestrians more time to make it safely across the street. In Pittsburgh, Pennsylvania, a group called Lively Pittsburgh organized a crosswalk flash mob. Participants of all ages and abilities wore matching "safer together" t -shirts and danced in the crosswalk as a reminder to drivers to look out for people crossing the street, especially people who may take longer to cross and use motorized chairs or crutches to get around. And in San Francisco, California, the nonprofit organization Senior and Disability Action led a campaign to increase citywide signal timings so people of all ages and abilities, including people living with sight and mobility challenges, have enough time to safely cross any street. They organized marches and press conferences in public plazas to call attention to their concerns. As a result, the city changed its guidance for calculating how much time to give people to cross the street, increasing crossing times by a third citywide. DANGEROUS BY DESIGN The Most Vulnerable Populations PEOPLE OF COLOR Drivers strike and kill people of color, especially Black or African American and American Indian or Alaska Native people, at higher rates compared to White, Non -Hispanic, and Asian or Pacific Islander people.The figure below highlights the relative danger by census -designated racial and ethnic groups of being struck and killed while walking, controlling for differences in walking rates and population size.16,17 Structural racism has guided many of the decisions we've made about housing and transportation for decades, and the consequences of these decisions are still readily apparent in communities of color today. Federal policies and practices actively discouraged homeownership for people of color, particularly for Black or African American people, by restricting mortgages outside of exclusively White neighborhoods, and the construction of the National Highway System disproportionately carved through communities of color when building these new high- speed arterials.18 In addition to siting more dangerous roads near communities of color, implicit bias may also play a role in the increased danger for people of color. Research by the University of Nevada has shown that drivers are significantly more likely to yield to a White pedestrian in a crosswalk than to a Black or African American pedestrian.19 Relative Pedestrian Danger by Race and Ethnicity (2008-2017) (Bar Graph) 8.14 12.4 Asian or Pacific Islander White, Non -Hispanic Hispanic or Latino Black or African American Indian American or Alaska Native U.S. Overall: 14.8 DANGEROUS BY DESIGN The Most Vulnerable Populations KALISPEL TRIBE OF INDIANS ADOPTS COMPLETE STREETS When it comes to traffic safety, the challenges faced by American Indians are similar to the challenges faced throughout rural America. Sprawling, car -oriented street design, often without sidewalks or marked crosswalks, can make it incredibly dangerous to walk along many rural roads, and when crashes do occur, it can take much longer for emergency medical services to reach the victims and begin critical, life-saving treatment. Among American Indians specifically, these challenges are further compounded by historic—and ongoing—injustices. The reservation system was, simply put, not designed with the interests or wellbeing of American Indians in mind. Lack of funding to improve and maintain roads coupled with historically poor street design has left these communities incredibly vulnerable to traffic fatalities. For the Kalispel Tribe of Indians in Washington State, the most dangerous street is a 50 mile -per -hour county -owned roadway without any sidewalks or crosswalks. Many people must regularly walk along this road to reach jobs, shops, and schools, especially children and people who do not have access to personal vehicles. However, change is on the horizon for the Kalispel Tribe. In 2018, they became the first tribal government to adopt a Complete Streets policy. Now, they are working closely with the county to introduce safer street improvements and to develop a new framework for economic development. 20 Kalispel hopes to establish itself as a model for how tribal governments around the country can adopt policies and develop partnerships that better serve their unique needs, challenges, and desires. Where are people most often struck and killed while walking? Find the most deadly places with an interactive map: www.smartgrowthamerica.org/dangerous-by-design (Screenshot example of interactive map) LOW-INCOME COMMUNITIES (Photo of fallen pedestrian crossing sign) Although nationwide data do not include information about the household income of individuals who are struck and killed while walking, they do reveal where people are walking when they are killed. We analyzed where pedestrian fatalities occur relative to the median household income of the surrounding area and found that people die while walking at much higher rates in lower-income communities compared to higher -income ones, as seen below.20 This is unsurprising, given that low-income communities are significantly less likely than higher income communities to have sidewalks, marked crosswalks, and street design to support safer, slower speeds, also known as traffic calming.21 Location of Pedestrian Fatalities by Neighborhood Income (Bar Graph) 0 3.0 0 0 0 0 a) N 2.0 a) U- 1.0 a) a) d 0 - $3-$36k $37k -$47k $48k -$59k $60k -$78k Census Tract Median Household Income U.S. Overall: 1.55 $79k -$250k 21 22 CONCLUSION (Photo of pedestrian crossing 5-lane road) We can and must do more to reduce the number of people who die while walking every day on our roadways. For too long we have disregarded this problem by prioritizing moving cars at high speeds over safety for everyone. It's past time for that to change. Protecting the safety of all people who use the street, especially the people most vulnerable to being struck and killed, needs to be a higher priority for policymakers, and this priority must be reflected in the decisions we make about how to fund, design, operate, maintain, and measure the success of our roads. We call on federal policymakers to step up and establish safety as a higher priority. We call for binding, enforceable requirements for states to work toward reducing—and eventually eliminating—deaths and serious injuries on our roadways. We call for funding dedicated to safer street projects that specifically serve the needs of all people walking, particularly older adults, people of color, and low-income communities. We call for federally endorsed street design standards that put the safety of vulnerable users first and foremost and that allow for flexible, context -sensitive design approaches. The time for complacency has passed. We must treat this crisis as if our lives, and the lives of our friends, families, and neighbors, depend on it. Because the reality is, they do. WORDS MATTER They're crashes, not "accidents." Writing and talking about these preventable deaths as mere "accidents" undermines the urgency of this crisis and undercuts our responsibility to take action. To combat this rhetoric, one Nashville -based initiative is changing the conversation. A partnership between Vanderbilt Medical Center, Tennessee State University, The Sidewalk Foundation, and Walk Bike Nashville launched the Nashville Pedestrian Death Registry. The project maps where people die while walking in Nashville and tells a richer, more complete story about who the victims were and where and why the fatal crash occurred. The project aims to add urgency to the call for safer streets in Nashville, where the sidewalk network is notoriously incomplete or non-existent. Instead of reiterating the victim - blaming rhetoric prevalent in media coverage about these tragic deaths (such as focusing on dark colored clothing, distracted walking, walking while intoxicated, and crossing where no crosswalk is available), the Nashville Pedestrian Death Registry is shifting the narrative toward the human faces behind these tragedies. By changing the conversation about why people die while walking, the Nashville Pedestrian Death Registry hopes to garner support for policies that prioritize the safety of people walking and for more investment in projects to improve safety. You can learn more about this initiative at DANGEROUS BY DESIGN Endnotes ENDNOTES 1. All pedestrian fatality data for the report are from: National Highway Traffic Safety Administration. (2017). Fatality Analysis Reporting System. Available from httos://www. nhtsa.aov/research-data/fatality-analvsis-reoortina-system-fars. 2. Ibid. 3. Federal Highway Administration. (2009; 2017). National Household Travel Survey. Available from httos://nhts.ornl.aov/. 4. Federal Highway Administration. (2008-2016). Highway Statistics Series, Table VM -2. Available from htto://www.fhwa.dot.aov/ oolicvinformation/auickfinddata/aftravel.cfm 5. Federal Highway Administration. (2017). Travel Monitoring, Traffic Volume Trends. Available from httos://www.fhwa.dot.aov/ oolicvinformation/travel monitorina/tvt.cfm. 6. National Highway Traffic Safety Administration. (2015). New Car Assessment Program. Available from httos://www.federalreaister.aov/ documents/201 5/12/16/2015-31323/new-car-assessment-oroaram . 7. Lawrence ED, Bomey N, and Tanner K. (2018). "Death on foot: America's love of SUVs is killing pedestrians." Detroit Free Press. Available from httos://www.freeo.com/story/monev/cars/2018/06/28/suvs-killina-americas-pedestrians/646139002/. 8. Other non -motorists category includes bicyclists and other cyclists, persons on personal conveyances, and persons in/on buildings. 9. Ewing R, Pendall R, and Chen D. (2002). Measuring Sprawl and Its Impact. Available from: httos://www.smartarowthamerica.ora/aoo/ leaacv/documents/MeasurinaSorawl.PDF. 10. Ewing R, Schieber RA, and Zegeer CV (2003). Urban Sprawl as a Risk Factor in Motor Vehicle Occupant and Pedestrian Fatalities. American Journal of Public Health 93(9): 1541-1545. Available from httos://aioh.aohaoublications.ora/doi/ful1/10.2105/ AJPH.93.9.1541. 11. U.S. Census Bureau. (2017). National Population Projections Tables. Available from httos://www.census.aov/data/tables/2017/demo/ 0000roi/2017-summarv-tables.html. 12. Excludes 164 reported pedestrian fatalities (0.3 percent of all pedestrian fatalities) with missing age data. 13. Share of all trips made by walking by age taken from the 2017 National Household Travel Survey. These range from 9.5 percent of all trips for people age 75 and older to 11.2 percent of all trips for people age zero to nineteen. 14. Gender -neutral icon courtesy of OIiM via the Noun Project. Available from httos://thenounoroiect.com. 15. Built environment data, including the presence of a crosswalk, were made available in the FARS dataset as of 2015. Between 2015 and 2017, pedestrian fatalities at intersections and crosswalks were more likely to be a person over 65 than a person under 65. 16. Excludes 5,420 reported pedestrian fatalities (11.0 percent of all pedestrian fatalities) with missing race and/or ethnicity data. 17. Share of all trips made by walking by race and ethnicity taken from the 2017 National Household Travel Survey. These range from 9.9 percent of all trips for the White, Non -Hispanic population to 14.5 percent of all trips for the Asian, Native Hawaiian, or Pacific Islander population. 18. Rothstein R. (2017). The Color of Law: A forgotten history of how our government segregated America. New York: Liveright Publishing Corporation. 19. Coughenour C, Clark S, Singh A, et al. (2017). Examining racial bias as a potential factor in pedestrian crashes. Accident Analysis & Prevention 98: 96-100. Available from httos://www.sciencedirect.com/science/article/abs/oii/S000145751630361X. 20. Consult the Methodology for a more detailed description of this analysis. 21. Gibbs K, Slater SJ, Nicholson N, et al. (2012.) "Income Disparities in Street Features that Encourage Walking." Bridging the Gap Program, University of Illinois at Chicago. Available from htto://www.bridainatheaaoresearch.ora/ asset/02foi3/bta street walkabilitv FINAL 03-09-12.odf. DANGEROUS BY DESIGN Appendices 24 APPENDICES Methodology Dangerous by Design uses several metrics to assess relative danger to pedestrians across different geographies and demographic characteristics. All pedestrian fatalities are reported within the 10 -year timeframe of 2008 to 2017 to account for any large variations in fatalities in a single year. The 2016 edition of the report accounted for data between 2005 and 2014. One measure of pedestrian fatality rates that this report cites across different demographic characteristics is pedestrian fatalities per 100,000 people. This metric accounts for the number of pedestrian deaths that are occurring within a certain population, while normalizing by the population itself. For example, all pedestrian deaths of people over the age of 65, normalized by the total population of people over 65. All population, race, age, and ethnicity data are from the 2012-2016 American Community Survey 5 -year estimates, to ensure the most up-to-date information at the time of this report. Pedestrian Deaths of Population A Population A Pedestrian Deaths X 100,000 per 100,000 people in Population A The Pedestrian Danger Index (PDI) takes pedestrian deaths per 100,000 people and normalizes it by walking rates. The count of pedestrian deaths or pedestrian deaths per 100,000 people may be much higher in an urban area than a rural area; however, that doesn't account for how many people are walking. For geographic area PDI scores, such as the state and metropolitan statistical area (MSA) -level, walking rates are measured with Census "Means of Transportation to Work" data. While walk -to -work percentage is merely a proxy for the share of walking trips in an area, it is used because the metric is available uniformly across all states and the top 100 metropolitan statistical areas. For demographic analysis of pedestrian fatalities across age, race, and ethnicity, we use a variation of PDI scores that includes the percentage of total trips that were walking trips is taken from the 2017 National Household Travel Survey (NHTS). These data were used because they report walking trips by age, race, and ethnicity as well as include walking percentage for all trips—not just journey to work trips. This information allows relative danger by age, race, and ethnicity to reflect whether these populations tend to walk more or less than the population as a whole. Due to the small sample size of the NHTS, the total percentage of walking trips is only appropriate to use for comparisons across race, age, and ethnicity at the national level. Pedestrian Deaths 100,000 Population Percentage of Walking Trips Pedestrian Danger Index DANGEROUS BY DESIGN Appendices NHTSA FARS data do not include information about the household income of individuals who are struck and killed while walking; however, they do reveal where people are walking when they are killed. To analyze where pedestrian fatalities occur relative to median household income of the surrounding area, fatalities were joined to census tracts using GIS. The median household income of census tracts was grouped into quintiles to determine high- and low- income communities. Pedestrian deaths were then aggregated into these 5 tract types, and normalized by the population of the tracts. This analysis serves as a method to determine whether pedestrians die disproportionately in low-income areas. To calculate the number of fatalities by MSA, a spatial join was performed with the longitude and latitude as reported by FARS. Approximately 126 fatalities did not include location data, and therefore there is a chance that the estimate of deaths per MSA is conservative. 25 DANGEROUS BY DESIGN I Appendices State Pedestrian Danger Index, 2008-2017 1 Average Annual 2019 Rank Pedestrian Fatalities pedestrian Fatalities 2019 Pedestrian (2008-2017) mil per 100,000 0 (2008 Danger Index 1 Florida 5.433 2.73 182.0 2 Alabama 841 1.74 145.0 3 Delaware 250 2.67 127.1 4 Louisiana 1.047 2.25 125.0 5 Mississippi 551 1.84 122.7 6 Georaia 1.782 1.76 117.33 7 New Mexico 537 2.58 117.27 8 Texas 4.831 1.79 111.9 9 Arizona 1.503 2.23 111.5 10 South Carolina 1.144 2.37 107.8 11 Nevada 601 2.12 100.95 12 Tennessee 856 1.31 100.77 13 North Carolina 1.762 1.77 98.3 14 Oklahoma 596 1.54 85.6 15 Arkansas 427 1.44 84.7 16 California 7.127 1.84 68.2 17 Missouri 779 1.29 67.9 18 Maryland 1.059 1.78 65.9 19 Michiaan 1.409 1.42 64.6 20 Kentuc 610 1.38 57.5 national Avera.e 49,340 1.55 55.3 21 New Jersey 1.543 1.73 54.1 22 Indiana 725 1.10 52.4 23 Virainia 865 1.04 43.3 24 Utah 321 1.09 42.0 25 Connecticut 425 1.18 40.7 26 26 Ohio 1.058 0.91 39.6 27 West Virginia 214 1.16 38.7 28 Oreaon 557 1.40 36.8 29 Colorado 590 1.10 36.7 30 Hawaii 226 1.60 36.4 31 Kansas 242 0.83 36.1 32 Illinois 1.323 1.03 33.2 33 Pennsylvania 1.502 1.17 30.0 34 Rhode Island 127 1.20 30.0 35 Washington 712 1.01 28.1 36 District of Columbia 101 1.53 26.8 37 Wisconsin 491 0.85 25.8 38 Idaho 121 0.74 25.5 39 Montana 130 1.27 24.9 40 North Dakota 62 0.84 24.7 41 New York 2.958 1.50 24.6 42 Maine 130 0.98 23.9 43 Minnesota 361 0.66 23.6 44 New Hampshire27 n7 '7 R 45 Nebraska 116 0.62 23.0 46 Massachusetts 725 1.08 22.5 47 South Dakota 72 0.85 22.4 48 Wyoming 48 0.82 20.5 49 Iowa 210 0.68 19.4 50 Alaska 93 1.26 16.0 51 Vermont 50 0.80 13.8 DANGEROUS BY DESIGN I Appendices Change in Statewide Pedestrian Danger Index Scores, 2016-2018 State 2016 PDI 2019 PDI Change 2016-2019 Delaware 102.6 127.1 24.5 Georaia 98.1 117.3 19.2 District of Columbia 15.4 26.8 11.4 Texas 101.1 111.9 10.8 Tennessee 90.5 100.8 10.3 Nevada 91.2 101.0 9.8 Oklahoma 76.1 85.6 9.5 Mississippi 114.1 122.7 8.6 Alabama 136.6 145.0 8.4 Louisiana 117.1 125.0 7,9 Missouri 60.2 67.9 7.7 Oreaon 30.7 36.8 6.1 Indiana 46.3 52.4 6.1 Connecticut 34.9 40.7 5.8 Nebraska 17.3 23.0 5.7 Kansas 30.5 36.1 5.6 Florida 177.0 182.0 5.0 New Mexico 112.8 117.3 4.5 Arkansas 80.6 84.7 4.1 Maine 19.9 23.9 4.0 California 64.4 68.2 3.8 Michiaan 61.0 64.6 3.6 Ohio 36.3 39.6 3.3 Utah 38.9 41.9 3.0 Arizona 108.5 111.5 3.0 Colorado 33.7 36.7 3.0 27 Kentucky 54.9 57.5 2.6 North Dakota 22.2 24.7 2.5 Vermont 11.4 13.8 2.5 North Carolina 96.3 98.3 2.0 Virainia 41.4 43.3 1.9 Idaho 23.8 25.5 1.7 Washinaton 26.5 28.1 1.6 New Hampshire 22.2 23.6 1.4 Alaska 14.6 16.0 1.4 South Carolina 106.5 107.7 1.2 Minnesota 22.6 23.6 1.0 New York 24.0 24.6 0.6 Massachusetts 22.1 22.5 0.4 Wisconsin 25.6 25.8 0.2 Iowa 19.7 19.4 -0.3 Pennsylvania 30.3 30.0 -0.3 South Dakota 22.8 22.4 -0.4 Illinois 34.0 33.2 -0.8 Wyomina 22.0 20.5 -1.5 Hawaii 38.3 36.4 -1.9 New Jersey 56.1 54.1 -2.0 Montana 27.1 24.9 -2.2 Rhode Island 32.3 30.0 -2.3 West Virainia 41.6 38.7 -2.9 Maryland 77.8 65.9 -11.9 DANGEROUS BY DESIGN I Appendices Top 100 Metropolitan Statistical Areas Pedestrian Danger Index, 2008- 2017 Pedestrian Annual 2019 2019 Metro Area Deaths Pedestrian Pedestrian Rank (2008-2017) Fatalities per Danger Index 100,000 1 Orlando-Kissimmee-Sanford.FL 656 2.82 313.3 2 Deltona-Daytona Beach-Ormond Beach.FL 212 3.45 265.4 3 Palm Bay-Melbourne-Titusville.FL 165 2.94 245.0 4 North Port-Sarasota-Bradenton.FL 194 2.58 234.6 5 Lakeland-Winter Haven.FL 162 2.54 230.9 6 Jacksonville.FL 419 2.94 226.2 7 Bakersfield.CA 247 2.83 217.7 8 Cape Coral-Fort Myers.FL 148 2.17 217.0 9 Tampa-St.Petersbura-Clearwater.FL 900 3.07 204.7 10 Jackson.MS 111 1.92 192.0 11 Memphis.TN-MS-AR 297 2.21 184.2 12 Baton Rouae.LA 182 2.21 157.9 13 Birminaham-Hoover.AL 179 1.57 157.0 14 Miami-Fort Lauderdale-West Palm Beach.FL 1.549 2.61 153.5 15 Greenville-Anderson-Mauldin.SC 197 2.29 152.7 16 McAllen-Edinbura-Mission.TX 140 1.69 140.8 17 Albuaueraue.NM 213 2.35 138.2 18 Detroit-Warren-Dearborn.MI 757 1.76 135.4 19 Little Rock-North Little Rock-Conway.AR 118 1.62 135.0 20 Auausta-Richmond County.GA-SC 126 2.15 134.4 21 San Antonio-New Braunfels.TX 519 2.23 131.2 22 Phoenix-Mesa-Scottsdale.AZ 874 1.95 130.0 23 Houston-The Woodlands-Suaar Land.TX 1.179 1.82 130.0 24 Las Veaas-Henderson-Paradise.NV 453 2.19 128.8 28 25 Atlanta-Sandy Sprinas-Roswell.GA 1.005 1.79 127.9 26 Fresno.CA 209 2.17 127.7 27 Greensboro-Hiah Point.NC 121 1.62 124.6 28 Dallas-Fort Worth-Arlinaton.TX 1.037 1.49 124.2 29 Tulsa.OK 148 1.52 116.9 30 Riverside-San Bernardino-Ontario.CA 922 2.08 115.6 31 Raleiah.NC 170 1.37 114.2 32 Oklahoma City.OK 222 1.66 110.7 33 Charlotte-Concord-Gastonia.NC-SC 359 1.51 107.9 34 Stockton-Lodi.CA 151 2.11 105.5 35 Louisville/Jefferson County.KY-IN 225 1.77 104.1 36 Knoxville.TN 105 1.23 102.5 37 Nashville-Davidson-Murfreesboro-Franklin.TN 232 1.29 99.2 38 El Paso.TX 173 2.07 98.6 39 Winston-Salem.NC 89 1.36 97.1 40 Austin-Round Rock.TX 303 1.56 91.8 41 Indianapolis-Carmel-Anderson.IN 269 1.37 91.3 42 New Orleans-Metairie.LA 257 2.06 89.6 43 St.Louis.MO-IL 393 1.40 87.5 44 Charleston-North Charleston.SC 165 2.27 87.3 45 Kansas City.MO-KS 234 1.13 86.9 46 Sacramento-Roseville-Arden-Arcade.CA 407 1.81 86.2 47 Tucson.AZ 199 1.98 86.1 48 San Jose-Sunnyvale-Santa Clara.CA 281 1.45 80.6 49 Richmond.VA 175 1.39 77.2 50 Los Anaeles-Lona Beach-Anaheim.CA 2.520 1.91 76.4 51 Wichita.KS 68 1.06 70.7 52 Salt Lake City.UT 155 1.34 70.5 53 Younastown-Warren-Boardman.OH-PA 67 1.21 67.2 54 San Dieao-Carlsbad.CA 610 1.87 64.5 55 Baltimore-Columbia-Towson.MD 496 1.78 63.6 56 Oaden-Clearfield.UT 66 1.04 61.2 57 Denver-Aurora-Lakewood CO 352 1.28 58.2 National Avera•e 49 340 1.55 55.3 58 Chattanooaa.TN-GA 60 1.10 55.0 59 Columbus.OH 225 1.13 53.8 60 Grand Rapids-Wvomina.MI 111 1.08 51.4 DANGEROUS BY DESIGN I Appendices Top 100 Metropolitan Statistical Areas Pedestrian Danger Index, 2017 Pedestrian Annual 2019 2019Ir. Metro Area Deaths Pedestrian Pedestrian Rank Fatalities per (2008-2017) 100,000 Danger Index 61 Oxnard-Thousand Oaks-Ventura.CA 86 1.02 51.0 62 Hartford-West Hartford-East Hartford.CT 145 1.20 50.0 63 Columbia.SC 175 2.19 49.8 64 Toledo.OH 72 1.19 49.6 65 Philadelphia-Camden-Wilminaton.PA-NJ-DE-MD 1.045 1.73 46.8 66 Akron.OH 56 0.80 44.4 67 Des Moines-West Des Moines.IA 49 0.80 44.4 68 Buffalo-Cheektowaaa-Niaaara Falls.NY 131 1.15 44.2 69 Allentown-Bethlehem-Easton.PA-NJ 102 1.23 43.9 70 Cincinnati.OH-KY-IN 194 0.90 42.9 71 Dayton.OH 85 1.06 42.4 72 Scranton-Wilkes-Barre-Hazleton.PA 78 1.39 42.1 73 Milwaukee-Waukesha-West Allis.WI 178 1.13 41.9 74 Harrisbura-Carlisle.PA 70 1.25 41.7 75 Virainia Beach-Norfolk-Newport News.VA-NC 213 1.24 41.3 76 Washinaton-Arlinaton-Alexandria.DC-VA-MD-WV 764 1.27 39.7 77 Bridaeoort-Stamford-Norwalk.CT 101 1.07 39.6 78 New Haven-Milford.CT 121 1.41 38.1 79 Spokane-Spokane Valley.WA 57 1.05 36.2 80 Boise City.ID 43 0.65 36.1 81 Omaha-Council Bluffs.NE-IA 59 0.65 36.1 82 Cleveland-Elyria.OH 162 0.79 35.9 83 Portland-Vancouver-Hillsboro.OR-WA 288 1.22 35.8 84 Albany-Schenectady-Troy.NY 106 1.21 34.6 85 Chicaao-Naperville-Elain.IL-IN-WI 1.022 1.07 34.5 29 86 Providence-Warwick.RI-MA 195 1.21 33.6 87 San Francisco-Oakland-Hayward.CA 659 1.44 33.5 88 Worcester.MA-CT 102 1.10 33.3 89 Minneapolis-St.Paul-Bloominaton.MN-WI 237 0.68 30.9 90 Urban Honolulu.HI 154 1.56 30.6 91 Rochester.NY 110 1.02 29.1 92 Pittsburah.PA 211 0.90 27.3 93 New York-Newark-Jersey City.NY-NJ-PA 3.210 1.60 27.1 94 Seattle-Tacoma-Bellevue.WA 360 0.98 26.5 95 Sorinafield.MA 76 1.21 24.7 96 Syracuse.NY 71 1.07 23.8 97 Colorado Springs.CO 55 0.80 23.5 98 Boston-Cambridae-Newton.MA-NH 465 0.98 19.6 99 Madison.WI 56 0.88 18.0 100 Provo-Orem.UT 45 0.78 17.3 DANGEROUS BY DESIGN I Appendices Change in Metropolitan Statistical Areas Pedestrian Danger lb Metro Area L L. PDI 2019 PDI Change 2016 I 2019 North Port-Sarasota-Bradenton.FL 148.2 234.6 86.4 Bakersfield.CA 132.8 217.7 84.9 Orlando-Kissimmee-Sanford.FL 234.7 313.3 78.6 Greenville-Anderson-Mauldin.SC 101.2 152.7 51.5 Baton Rouae.LA 120.6 157.9 37.3 Deltona-Davtona Beach-Ormond Beach.FL 228.2 265.4 37.2 Fresno.CA 95.4 127.7 32.3 Memphis.TN-MS-AR 153.3 184.2 30.9 Lakeland-Winter Haven.FL 200.6 230.9 30.3 Greensboro-Hiah Point.NC 96.0 124.6 28.6 San Antonio-New Braunfels.TX 104.5 131.2 26.7 Birminaham-Hoover.AL 132.1 157.0 24.9 Albuaueraue.NM 113.6 138.2 24.6 Oklahoma City.OK 86.7 110.7 24.0 McAllen-Edinbura-Mission.TX 118.8 140.8 22.0 Indianapolis-Carmel-Anderson. IN 69.9 91.3 21.4 Atlanta-Sandy Sprinas-Roswell.GA 107.2 127.9 20.7 Auausta-Richmond County.GA-SC 114.8 134.4 19.6 St.Louis.MO-IL 69.7 87.5 17.8 Salt Lake City.UT 53.0 70.5 17.5 Knoxville.TN 85.5 102.5 17.0 Austin-Round Rock.TX 77.8 91.8 14.0 Dallas-Fort Worth-Arlinaton.TX 110.4 124.2 13.8 Tampa-St.Petersbura-Clearwater.FL 192.0 204.7 12.7 El Paso.TX 86.8 98.6 11.8 30 Detroit-Warren-Dearborn.MI 124.2 135.4 11.2 Las Veaas-Henderson-Paradise.NV 117.7 128.8 11.1 Hartford-West Hartford-East Hartford.CT 39.6 50.0 10.4 Colorado Sorinas.CO 13.5 23.5 10.0 Palm Bay-Melbourne-Titusville.FL 235.2 245.0 9.8 Charleston-North Charleston.SC 77.9 87.3 9.4 Charlotte-Concord-Gastonia.NC-SC 98.5 107.9 9.4 Miami-Fort Lauderdale-West Palm Beach.FL 145.1 153.5 8.4 Kansas City.MO-KS 79.2 86.9 7.7 Columbus.OH 46.2 53.8 7.6 Raleiah.NC 106.7 114.2 7.5 Louisville/Jefferson County.KY-IN 96.7 104.1 7.4 Little Rock-North Little Rock-Conway.AR 127.9 135.0 7.1 Dayton.OH 35.4 42.4 7.0 Albany-Schenectady-Troy.NY 27.8 34.6 6.8 Omaha-Council Bluffs.NE-IA 29.5 36.1 6.6 Los Anaeles-Lona Beach-Anaheim.CA 69.8 76.4 6.6 Tulsa.OK 110.5 116.9 6.4 Nashville-Davidson-Murfreesboro-Franklin.TN 92.9 99.2 6.3 Spokane-Spokane Valley.WA 30.0 36.2 6.2 Harrisbura-Carlisle.PA 35.5 41.7 6.2 Cleveland-Elyria.OH 30.3 35.9 5.6 Bridaeport-Stamford-Norwalk.CT 34.1 39.6 5.5 San Jose-Sunnwale-Santa Clara.CA 75.1 80.6 5.5 Cincinnati.OH-KY-IN 37.5 42.9 5.4 New Haven-Milford.CT 33.1 38.1 5.0 Phoenix-Mesa-Scottsdale.AZ 125.1 130.0 4.9 Sacramento-Roseville-Arden-Arcade.CA 81.3 86.2 4.9 Boise City. ID 31.3 36.1 4.8 Portland-Vancouver-Hillsboro.OR-WA 31.3 35.9 4.6 Virainia Beach-Norfolk-Newport News.VA-NC 37.1 41.3 4.2 Buffalo-Cheektowaaa-Niaaara Falls.NY 40.7 44.2 3.5 Tucson.AZ 82.6 86.1 3.5 Milwaukee-Waukesha-West Allis.WI 38.6 41.9 3.3 Houston-The Woodlands-Suaar Land.TX 127.2 130.0 2.8 Philadelphia-Camden-Wilminaton.PA-NJ-DE-MD 44.0 46.8 2.8 Minneapolis-St.Paul-Bloominaton.MN-WI 28.2 30.9 2.7 Stockton-Lodi.CA 102.9 105.5 2.6 Jackson.MS 189.6 192.0 2.4 Wichita.KS 68.5 70.7 2.2 DANGEROUS BY DESIGN I Appendices Change in Metropolitan Statistical Areas Pedestrian Danger It Scores, Metro Area jillip, 2016 PDI 2019 PDI Change 2016- 2019 San Francisco-Oakland-Hayward.CA 31.4 33.5 2.1 Seattle-Tacoma-Bellevue.WA 24.7 26.5 1.8 San Dieao-Carlsbad.CA 62.7 64.5 1.8 Worcester.MA-CT 31.7 33.3 1.6 Boston-Cambridae-Newton.MA-NH 18.0 19.6 1.6 Toledo.OH 48.0 49.6 1.6 Madison.WI 16.4 18.0 1.6 New Orleans-Metairie.LA 88.7 89.6 0.9 Syracuse.NY 23.0 23.8 0.8 Pittsburah.PA 26.6 27.3 0.7 Grand Rapids-Wvomina.MI 51.1 51.4 0.3 Chicaao-Naperville-Elain.IL-IN-WI 34.2 34.5 0.3 Rochester.NY 29.0 29.1 0.1 New York-Newark-Jersey City.NY-NJ-PA 27.0 27.1 0.1 Younastown-Warren-Boardman.OH-PA 67.3 67.2 -0.1 Denver-Aurora-Lakewood.CO 58.7 58.2 -0.5 Scranton-Wilkes-Barre-Hazleton.PA 42.7 42.1 -0.6 Akron.OH 46.0 44.4 -1.6 Chattanooaa.TN-GA 56.8 55.0 -1.8 Baltimore-Columbia-Towson.MD 65.7 63.6 -2.1 Provo-Orem.UT 19.5 17.3 -2.2 Jacksonville.FL 228.7 226.2 -2.6 Winston-Salem.NC 99.7 97.1 -2.6 Urban Honolulu.HI 33.9 30.6 -3.3 Oxnard-Thousand Oaks-Ventura.CA 54.4 51.0 -3.4 Allentown-Bethlehem-Easton.PA-NJ 47.5 43.9 -3.6 31 Springfield,MA 28.3 24.7 -3.6 Richmond.VA 81.0 77.2 -3.8 Washinaton-Arlinaton-Alexandria.DC-VA-MD-WV 43.5 39.7 -3.8 Providence-Warwick.RI-MA 38.0 33.6 -4.4 Des Moines-West Des Moines,IA 49.7 44.4 -5.3 Riverside-San Bernardino-Ontario.CA 123.4 115.6 -7.8 Columbia.SC 62.6 49.7 -12.8 Oaden-Clearfield.UT 74.4 61.2 -13.2 Caoe Coral-Fort Myers.FL 283.1 217.0 -66.1 DANGEROUS BY DESIGN I Appendices 32 [this page intentionally blank I 2019 DANGEROUS By DESIGN Smart Growth America National Complete Streets Coalition Improving lives by improving communities Additional Information -full document available at http://www.cityofcapecanaveral.org/news The findings and recommendations provided in this document are provided for discussion purposes only. This document is not complete and the process of acquiring relevant data is still on-going. ACCESS MANAGEMENT STUDY / PEDESTRIAN SAFETY STUDY State Road Al A From S.R. 520 to George King Boulevard (Section # 70080-000, MP 0.000 to MP 3.250) Brevard County Prepared for: THE FLORIDA DEPARTMENT OF TRANSPORTATION DISTRICT 5 TRAFFIC OPERATIONS 719 South Woodland Boulevard, MS 3-562 DeLand, Florida 32720 (FDOT Logo) .• Districtwide Community Traffic Safety Program Financial Project Identification Number: 237995-1-32-16 Contract Number: C-9Z24 TEDS Contract Number: 11128 Task Work Order: 6 Prepared by: Traffic Engineering Data Solutions, Inc. Certificate of Authorization License Number: 27392 80 Spring Vista Drive DeBary, Florida 32713 December 2018 Prepared by: Colleen T. Jarrell, P.E. Merlynn Anderson, P.E. Timothy Hill Chris Roberts Matthew Ryan Hector Blanco, E.I. Professional Engineer: Colleen T. Jarrell, P.E. P.E. Number: 60128 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 3 Subject: Resolution No. 2019-06; endorsing the East Coast Greenway Route through the City of Cape Canaveral, Florida; Providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Community Services Summary: The East Coast Greenway (ECG) spans 3,000 miles from Calais, Maine to Key West, Florida, and was designed by a small group of urban planners and bicycle advocates to transform the states and communities it connects through: active/healthy lifestyles, sustainable transportation, environmental stewardship, community engagement, climate resilience and tourism. The City was contacted in early 2019 by Sarah Kraum, Multi-Modal Program Specialist for the Space Coast Transportation Planning Organization(SCTPO)in regard to the Bicycle/Pedestrian Mobility Plan (BPMP) update currently underway. As part of the BPMP update, the SCTPO completed an alignment analysis on the ECG and as a result has suggested a new designated route that connects the City of Cape Canaveral to the longest continuous protected biking/walking trail in the nation. Formed in 1991, the nonprofit East Coast Greenway Alliance (ECGA) which oversees, but does not own, the Greenway works to develop the trail network with the help of hundreds of volunteers, partner organizations and officials at all levels of government. The ECGA coordinates the trail's growth, promotes the use of alternate and public transportation, spreads awareness of the trail project and works to find new/better/safer routes. Like many of the bikeable/walkable initiatives in the City of Cape Canaveral, the ECGA works to offer a safe place for bicyclists and pedestrians of all ages and abilities to commute, exercise and explore. Increasing and improving the Florida segment of the ECG has been recognized by the Florida Department of Transportation(FDOT) and Office of Greenways and Trails through the Shared- Use Nonmotorized (SUN) Trail Program. The SUN Trail program provides funding for the development of a statewide system of paved multi-use trails for bicyclists and pedestrians, that are physically separated from the road. The ECG is a collaborative effort that has attracted more than $1 billion in public investment in its first 25 years. Florida is the longest segment of the ECG at nearly 600 miles, 228 of which are on protected off-road (land designated for public/recreational use or environmental protection)paths. Close to 900 miles (32%) of the trail is off-road along traffic-protected greenways(such as pedways),in an effort to provide protected trail access. The proposed alignment(Attachment 1)would navigate trail users (north to south)from George King Boulevard along the North Atlantic Avenue streetscape (Approximately 1.19 miles of off- road trail) connecting them to State Road (SR) AlA (Approximately 1.15 miles). The current Brevard County ECG alignment directs trail users (north to south) along the Indian River through Titusville and Cocoa, only going to/from the beachside Communities via the Eau Gallie Causeway. City Council Meeting Date: 03/19/2019 Item No. 3 Page 2 of 2 Potential costs for this alignment project would be the incorporation of trail marking signage into existing and future City wayfinding systems. Much of the proposed ECG alignment utilizes existing North Atlantic Avenue Streetscape infrastructure, and the future redevelopment of SR AlA could mirror those streetscape improvements, meaning this alignment would not create a financial burden to the City. Staff research of market studies and trail reports from 2003, 2009, 2014, 2016 and 2017 showed positive benefits through numerous quantifiable/non-quantifiable measurements. Communities hosting the ECG report an increase in their quality of life, increased tourism, improved air quality and reduced traffic congestion and urban pollution. These Communities also saw a direct/indirect economic impact by way of increased property values and desirability for nearby property, the creation of permanent/temporary jobs and an increase in dollars spent at hotels, restaurants, bars, local transportation, grocery stores and gas stations. Overall the reports concluded that a relationship with the ECG eg: hosting a segment of the ECG was a smart investment for a healthy, sustainable future. The endorsement/support for the development of the proposed alignment of the ECG through the City of Cape Canaveral connects The Space Between®to 45+ million people in cities from Maine to Key West,reinforces the City of Cape Canaveral Vision Statement(Attachment 2)and designates a safe route for our residents and visitors to enjoy recreational, cultural and historical offerings while bringing economic benefits to the businesses along the route. Staff recommends the endorsement/support of the proposed ECG alignment through the City of Cape Canaveral via North Atlantic Avenue and SR AlA. Submitting Department Director: Joshua A. Surprenant Date: 3/11/19 Attachments: 1. East Coast Greenway Recommended Primary Alignment Map 2. City of Cape Canaveral Vision Statement 3. Resolution No. 2019-06 Additional Information: • East Coast Greenway - https://www.greenway.org/ • Current ECG Map - https://map.greenway.org/ • Meet the East Coast Greenway+FL map Power Point Presentation Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/6/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-06; endorsing the East Coast Greenway Route through the City of Cape Canaveral, Florida; Providing for the repeal of prior inconsistent resolutions, severability and an effective date. Approved by City Manager: David L. Greene Date: 3/6/19 Figure 4 Attachment 1 East Coast Greenway Recommended Primary Alignment East Central Regional Rail Trail TITUSVILLE Max Brewer 7 40 NASA Pkwy Space Coast Trail (Titusville to Edgewater) Trail along US -1 Trail along US -1 Trail along US -1 52 ROCKLEDGE SEGMENT 1 CAPE CANAVERAL Primary East Coast Greenway Alignment Complimentary Route Causeway Connection Incorporated Cities/Towns Downtown Titusville SR 406 520 COCOA BEACH PALM SHORES MELBOURNE\ MELBOURNE_ VILLAGEWESTO MELBOURNE SATELLITE BEACH SEGMENT 2 SR A1A SR 528 f' INDIAN HARBOUR BEACH MALABAR GRANT VALKARIA \ INDIALANTIC SEGMENT 3 N Atlantic Ave. & George King Blvd. Trail -SR AIA Urban Trail SR 518 y US 192 MELBOURNE BEACH SEGMENT 4 SR AIA Urban Trail Miles 0 1 2 4 Attachment 2 5-16-2017 (City Seal) CITY OF CAPE CANAVERAL THE SPACE BETWEEN Cape Canaveral Vision Statement We envision: A bikeable and walkable Cape Canaveral that retains and enhances its welcoming residential feel, characterized by low-rise buildings. This residential and business friendly atmosphere is a livable, attractive, safe, inclusive and sustainable coastal community that embraces the oceanside and riverside as the main amenities, and supports and promotes local tourism, culture, recreation, commerce, municipal civic interests and education. We envision: A City network of"complete streets" with a native-landscaped and tree-lined median with traffic calming elements and dark-sky street lighting. "Complete street" amenities include bicycle facilities, covered transit stops and safe pedestrian crossings that invite pedestrians and bicyclists to access the beach, river, local neighborhoods and adjacent communities. Our improved "complete streets"will allow us to travel calmly to intimate waterfront destinations and a walkable uptown core. Multi-use paths lined with shade trees should be wide enough for bikes and pedestrians and lighted so anyone can walk or bicycle safely anywhere in town, day or night. We envision: Welcoming community entrance features that create a sense of arrival and unique community identity as The Space Between. The "uptown" and other areas will contain an architecturally rich and unique mix of uses, with wide tree shaded sidewalks and umbrella covered café tables at restaurants and bistros where friends gather, interact and enjoy drinks and dinner. We envision: An engaged and compassionate community that; removes or transforms blighted and unfinished buildings into attractive structures, offers city-wide green spaces, provides a pet-friendly park with ample shade, acts progressively but deliberately and actively recruits and supports businesses that enhance economic viability and serve our residents and visitors with goodwill. We envision: Open shorelines and rivers accessible to the public including amenities that take advantage of the water, such as limited and quaint water-view establishments and intimate public gathering and entertainment places that may include pavilions, gazebos or a performance stage. Attachment 3 RESOLUTION 2019-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ENDORSING THE EAST COAST GREENWAY ROUTE THROUGH THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the East Coast Greenway is a proposed 3000-mile, shared-use trail that will pass through the City of Cape Canaveral, to connect cities along the eastern seaboard from Calais, Maine to Key West, Florida; and WHEREAS, the East Coast Greenway strives to promote public health, environmental sustainability, economic development and civic engagement through trail use; and WHEREAS, the East Coast Greenway will serve bicyclists, walkers, equestrians, disabled users and other non-motorized users, both local residents and long-distance travelers; and WHEREAS, the East Coast Greenway will encourage people of all ages to get outdoors, increase their physical fitness and improve community health, while utilizing multi-use trails that encourage access to parks and nature preserves; and WHEREAS, the East Coast Greenway, by offering tourists access to cultural and historical sites, will bring economic benefits to towns and businesses along the route; and WHEREAS, the Florida Department of Transportation and Office of Greenways and Trails has recognized the importance of the East Coast Greenway via the SUN Trails Program and prioritization; and WHEREAS, the Space Coast Transportation Planning Organization, completed an alignment analysis of the East Coast Greenway, to establish a consistent proposed alignment in Brevard County and to promote, encourage, and engage local municipalities in their involvement of the regional trail; and WHEREAS, the proposed alignment shows the City of Cape Canaveral as an essential connection in completing this national, shared-use trail; and WHEREAS, the East Coast Greenway can serve as a spine network to encourage a connected trail, bicycle and pedestrian network in Brevard, County and the City of Cape Canaveral; and 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. City of Cape Canaveral Resolution No. 2019-06 Page 1 of 2 Section 2. Endorsement. The City of Cape Canaveral does hereby endorse and support the development, through local and state partnerships, of the proposed alignment of the East Coast Greenway. 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 March, 2019. Bob Hoog, Mayor ATTEST: Name FOR AGAINST Mike Brown Mia Goforth, CMC Bob Hoog City Clerk Wes Morrison Rocky Randels Angela Raymond 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. 2019-06 Page 2 of 2 Additional Information East Coast Greenway Alliance (Logo) Meet the East Coast Greenway East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org 4 Connecting people to place, Maine to Florida. (Map of East Coast USA with ECG highlighted) At 3,000 miles, the East Coast Greenway will be the longest protected biking and walking path in the United States. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Adult and children with bicycle) Urban and rural, we connect. A safe, accessible Greenway connects people of all ages and abilities to nature and their communities. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (People and bicycle alongside water) Where millions live, work, and play. The East Coast Greenway travels through the most populated corridor of the U.S., offering commuting and recreation options for residents and visitors in Boston, New York, Philadelphia, Washington D.C., Miami, and more. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (graphical silhouettes of various people participating in active activities) A linear park for everyone. Imagine a 3,000-mile continuous, protected path for cyclists, walkers, runners, skaters, equestrians, wheelchair users, cross-country skiers, and more. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Bicyclists on wooded path) The East Coast Greenway is good for our health. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (overwater pedestrian bridge) It's good for our environment. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Bicyclists in front of shops) It's good for local economic development and property values. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org 3,000 miles 15 states+ Washington, DC 450 communities 25M people within 5 miles of route East Coast Greenway by the numbers East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Photo of representatives at presentation) Building partnerships Staff members of the nonprofit East Coast Greenway Alliance work with local communities — volunteers, elected officials, planners, and more — to choose routes, advocate for funding, encourage connections, and celebrate the successes. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Group of pedestrians on bridge) Grateful for generous friends Our nonprofit Alliance's work is made possible through the generous support of foundations, corporations, event sponsors, individual donors, and our members. Volunteers (like the crew, above, from REI, a long-time sponsor) help lead active events, hold clean-up days, and more. East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Individual being interviewed outside in a city) "The organization is on a roll lately, with funding more than doubling since 2010 and seeing 25 percent growth in 2015 alone, says Executive Director Dennis Markatos-Soriano." — Inside Philanthropy, August 2016 East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Bicyclists on path) "Greenways are long, skinny community centers." —TOM FARRELL, RECREATION DIRECTOR, BRUNSWICK, MAINE East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org "The East Coast Green way is a priceless reso urce as a model for co mmunities all along it to build their own trails." —JOHN PUCHER URBAN TRANSPORTATION EXPERT RALEIGH, NC (Photo of bicyclist crossing under overpass) East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org (Photos of bicyclists on crosswalk and in lanes of travel) How the East Coast Greenway impacts communities Connects people and parks Encourages healthy lifestyles Creates economic development opportunities Spurs urban redevelopment Decreases traffic congestion Improves pollution, decreases CO2 levels Inspires more environmental stewardship East Coast Greenway Alliance • Connecting people to place, Maine to Florida • greenway.org (Map of ECG in Florida) S78 SPINE ROUTE MILES OFF-ROAD ON•ROAD CCMPLEMENTAPY ROUTE Florida route updates East Coast Greenway Alliance • Connecting people to place, Maine to Florida • greenway.org How to stay updated • Visit greenway.org • Visit online map, map.greenway.org • Join East Coast Greenway Alliance, receive monthly e-news111 • Get out and enjoy the greenway with friends and family! (Photo of bicyclists) East Coast Greenway Alliance • Connecting people to place,Maine to Florida • greenway.org Questions? Dennis Markatos-Soriano, Executive Director Dennis@greenway.org Niles Barnes, Deputy Director Niles@greenway.org East Coast Greenway Alliance •Connecting people to places, Maine to Florida• greenway.org [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 4 Subject: Approve the Unsafe Building Compliance and Code Lien Satisfaction Agreement for property located at 305 Surf Drive and authorize City Manager to execute same. Department: Community Development Summary: The property with an address of 305 Surf Drive (Property) has a lengthy history of property maintenance code violations that began not long after the current owner. Property maintenance code violations began as early as April 1990 for accumulation of junk vehicles on the premises. In 2003, the Owner was cited for storing junk vehicles. In 2008, the Owner was cited for multiple property maintenance violations. In Case No. 2015-33, the Owner was cited for additional property maintenance items after Staff received citizen complaints. Staff made repeated unsuccessful attempts to gain access to the rear of the property to conduct the required inspections. Eventually, Staff was able to gain compliance of the observed violations. Later that year, Case No. 2015-73 was initiated. The Owner was cited for further property maintenance items based on citizen complaints. Staff conducted a site visit on October 29, 2015 and observed violations of: • Code Sec. 34-96(d)Property Maintenance Standards • Code Secs. 34-98(4) (6)Building appearance and maintenance • Code Sec. 82-221 International Maintenance Code (IPMC) adopted • IPMC 303.7 Roofs and drainage (adopted by 82-221) • Code Sec. 110-582 Swimming pool barriers • Fla. Stat. Sec. 515.27 (adopted by 110-582) Swimming pool safety • Fla. Stat. Sec. 515.29 (adopted by 110-582) Swimming pool barrier requirements Per Order of the City Code Enforcement Board, on February 23, 2017, fines began to accrue on the Property at a rate of$100.00 per day. As of February 15, 2019, the City Code Enforcement lien related to Case No. 2015-73 includes: • 2017 - $15,650 • 2018 - $18,250 • 2019 - $ 2,300 TOTAL $36,200 During a site visit to the Property on May 3, 2016, Staff was able to gain access to an adjacent property and observed the roof for the structure on 305 Surf was in need of repair, work which would require a building permit. At this same time, Staff observed the pool at the Property was in such poor condition that it represented a public nuisance. Case No. 2017-177, the City was required to take abatement actions as the Owner refused to correct the unsafe, exposed pool and dilapidated pool enclosure. In May 2018, the City,through its police powers, retained a contractor who demolished the pool. A lien for $22,725.50 was placed on the Property for the cost of the pool demolition. The lien remains unpaid. City Council Meeting Date: 03/19/2019 Item No. 4 Page 2 of 4 Despite the removal of the pool, serious code violations still remained, to include: • Dilapidated roof • Potential moisture intrusion and mold in structure • Accumulation of junk, trash and debris • Weeds and overgrowth • Dangerous trees • Dilapidated fence encroaching into neighbor's yard • Possible fire hazards • Dilapidated shed Due to the history of abandonment of the Property and the Owner's pattern of repeated failures to correct serious health, safety and welfare violations, the City took the position that the Property constitutes an immediate threat to the public health, safety and welfare.For this reason, the City Attorney petitioned Brevard County Circuit Court to issue an Administrative Inspection Warrant to allow City Staff the right to inspect the exterior and interior of the principal structure and all accessory structures to determine if any violations of law, health, safety and welfare exists. On October 1, 2018, the Circuit Court of Brevard County issued the Inspection Warrant for 305 Surf Drive. On October 3, 2018, Staff executed the Inspection Warrant at 305 Surf Drive. The inspection detailed the numerous violations at the Property as itemized above. Based upon the evidence viewed/collected during the inspection, City Staff prepared a Notice of Violation outlining Code violations found on the Property. At its January 24, 2019 meeting, the City Code Enforcement Board entered an Order that found the Property and the house and structures thereon to be a public nuisance in violation of the City's Unsafe Building Abatement Code and Property Maintenance Code and that the Property is required to be brought into compliance as required by the Order. In a purchase contract dated February 19, 2019, Mr. Jim Crisafulli (Buyer) placed the Property under contract. The Buyer is the contractor that completed the pool demolition on the Property in May 2018. A condition of the purchase is that City fines/liens not exceed $25,000.00 (see Attached contract, paragraph 9). The contract establishes a closing date on or before March 31, 2019. City Attorney fees related to this property are approximately $36,920. When added to the cost of the pool demolition ($22,725) and Code fines ($36,200), total City costs are $95,845. Of this amount, "hard costs", which include attorney fees and the cost of the pool demolition, total $59,645. As indicated above,the sales Contract includes a condition that City fees/liens will not exceed $25,000. For this to occur, a fee reduction of$70,845 of total costs or$34,645 of"hard" costs is required. Currently, neither the February 23, 2017 Order, related to roof conditions, nor the January 24, 2019 Orders have been brought into compliance. There cannot be a payoff amount on the 2017 Order as the fines are still accruing. However, once the 2019 Order is complied with through demolition and clearing, the 2017 Order will likewise be in compliance. At that point, the City will be in a position to find both Orders satisfied, assuming the City finds the Buyer's City Council Meeting Date: 03/19/2019 Item No. 4 Page 3 of 4 contribution and expense to bring the Property into compliance is adequate consideration to pay off the 2017 lien amount. At this juncture of the Code Enforcement proceeding against the Owner,the Buyer's demolition and clean-up contribution can be viewed more like an in-kind financial contribution to the City as the City will not have to incur the additional expense for demolition and clean up to abate the nuisance, in light of the fact that the Owner does not appear to have the financial wherewithal to abate the nuisance. It is important to note that a lien for a $100,000 home equity line of credit, in favor of Wells Fargo, is recorded against the property. The City's current lien, as well as any further cost associated with a demo, will be inferior to the Wells Fargo position and reduces the likelihood the City would be able to collect the full amount of the liens. Moreover, there is public/tax value to the City should the Buyer acquire the property and build a single-family structure on the property. The recommended fee waiver is incorporated into an "Unsafe Building Compliance and Code Lien Satisfaction Agreement" (Agreement) between the City and Buyer. It establishes certain expectations on both parties, to include: • The Buyer will close on the property on or before March 31, 2019. If Buyer does not close within this timeframe, the City shall have the right to terminate this Agreement; • Within fourteen (14) days of closing on the Property, Buyer shall obtain a City demolition permit and substantially commence the remediation of all Code Enforcement violations set forth in the Order. Remediation shall be fully completed within thirty(30) days from the date the demolition permit is issued; • The City shall conduct a final inspection on the demolition permit and shall issue and record a final completion/compliance notice at such time that the City determines that Buyer has fully completed the remediation work required by this Agreement to bring the Property into compliance with the terms and conditions of the Code Enforcement Board Order. In addition, in consideration of Buyer bringing the Property into compliance with the Order at Buyer's expense,the City will record a satisfaction of lien recorded in Official Record Book 7847, Page 2430 (March 23, 2017); and • Within three (3) days of closing on the Property, Buyer shall pay the City Twenty-five thousand and No/100 Dollars($25,000)in exchange for the City satisfying and releasing the Code Enforcement Lien recorded in Official Record 8184,Page 2145 (June 8,2018). In summary, the recommendation will shift further financial obligation from the City to the Buyer. Should this sale not occur, it is unclear when the violations will be addressed and may require the City to step-in and remedy the existing violations, similar to what occurred with the property's swimming pool in 2018. This will result in the expenditure of additional public funds. Submitting Department Director: David Dickey Attachment: Unsafe Building Compliance and Code Lien Satisfaction Agreement City Council Meeting Date: 03/19/2019 Item No. 4 Page 4 of 4 Financial Impact: Staff time and effort to prepare this Agenda Item as recommended, the City will be writing off approximately $34,645 of hard costs and recording fees. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/11/19 The City Manager recommends that City Council take the following action: Approve the Unsafe Building Compliance and Code Lien Satisfaction Agreement for property located at 305 Surf Drive and authorize City Manager to execute same. Approved by City Manager: David L. Greene Date 3/8/19 PREPARED BY AND RETURN TO: Anthony A.Garganese City Attorney of Cape Canaveral Garganese,Weiss,D'Agresta& Salzman,P.A. 111 N.Orange Avenue,Suite 2000 Orlando,Florida 32802 407-425-9566 UNSAFE BUILDING COMPLIANCE AND CODE LIEN SATISFACTION AGREEMENT This Unsafe Building Compliance and Code Lien Satisfaction Agreement ("Agreement") is entered into by and between JAMES CRISAFULLI ("Crisafulli") and THE CITY OF CAPE CANAVERAL,FLORIDA,a municipal corporation("City")effective this day of March, 2019. RECITALS WHEREAS,the real property subject to this Agreement is 305 Surf Drive, Cape Canaveral, Florida 32920,which is currently owned by Gerhardt Schmitz(Property"); and WHEREAS, the Property is currently subject to a Code Enforcement Board Order, dated January 24,2019,which is recorded in the Official Record Book 8354,Page 2911 of Brevard County, Florida("Order"); and WHEREAS, pursuant to the Order, the Property and the house and structures thereon were found by the Code Enforcement Board to be a public nuisance in violation of the City's Unsafe Building Abatement Code and Property Maintenance Code and the Property is required to be brought into compliance within a certain time period required by the Order; and WHEREAS, Crisafulli has advised the City that he has entered into a Contract for Sale and Purchase, dated February 19,2019("Contract"),to acquire the Property from Gehardt Schmitz; and WHEREAS,upon closing on the Property under the Contract, Crisafulli has represented to the City that he desires to promptly bring the Property into compliance with the Order by demolishing the house and structures thereon,removing invasive vegetative material,cleaning the Property of junk and debris, and making the Property ready for the development of a new single-family house; and WHEREAS, Crisafulli desires to close on the Property and bring the Property into compliance with the Order subject to the terms and conditions of this Agreement; and 1 WHEREAS,the Property has also been subject to several other code enforcement actions and liens in favor of the City(the "Code Enforcement Liens"); and WHEREAS, the Code Enforcement Order and Liens also encumber the Property and Crisafulli and the City have agreed on compliance actions to bring the Property into compliance with the City Code and the consideration required to pay off the liens as more specifically set forth in this Agreement; and WHEREAS,the parties recognize the need to promptly bring the Property into compliance with City Code in order to abate the existing public nuisance described in the Order in accordance with the terms and conditions of this Agreement; NOW, THEREFORE,in consideration of the mutual promises and other consideration stated herein,the parties agree as follows: 1. Recitals. The foregoing recitals are incorporated herein by reference including the definitions stated in the recitals. 2. Closing on Property. The Closing Date established by the Contract is March 31, 2019. Crisafulli shall close and acquire the Property no later than the Closing Date. If Crisafulli does not close on the Property by the Closing Date, the City shall have the right to terminate this Agreement,without penalty and prior advance notice,by providing written notice of termination to Crisafulli. 3. Compliance with Code Board Order; Abatement of Nuisance. Within fourteen (14) days of closing on the Property, Crisafulli shall obtain a City demolition permit and substantially commence the remediation of all code enforcement violations set forth in the Order. Remediation shall be performed by Crisafulli, at his sole expense, and require the complete demolition of the house and all structures located on Property, removal of invasive vegetation, removal of all junk, general debris and demolition debris, and all other actions deemed reasonably necessary by the City to bring the Property into full compliance with the City Code. Remediation shall be fully completed within thirty (30) days from the date that the demolition permit is issued by the City unless additional time is afforded by the City's building official for good cause shown. Crisafulli shall ensure all utilities are disconnected prior to demolition and perform the remediation services set forth herein. The City shall conduct a final inspection on the demolition permit and shall issue and record in the Official Records of Brevard County a final completion/compliance notice at such time the City determines that Crisafulli has fully completed the remediation work required by this Agreement to bring the Property into compliance with the terms and conditions of the Order 2 and the previous Code Enforcement Board Order(First Violation)recorded in Official Record Book 7847,Page 2430(March 23,2017). In addition,in consideration of Crisafulli bringing the Property into compliance with the Order at Crisafulli's expense, the City will record a satisfaction of code enforcement lien for the Code Enforcement Lien recorded in Official Record Book 7847,Page 2430 (March 23, 2017). In the event the terms and conditions set forth in this Section 3 of this Agreement are not fully complied with by Crisafulli, the Order and aforementioned Code Enforcement Lien shall remain a charge against the Property, and the City shall have the right to terminate this Agreement, without penalty, by providing written notice to Crisafulli. 4. Release of Code Enforcement Lien.Within three(3)days of closing on the Property, Crisafulli, or Crisafulli's closing agent, shall pay the City Twenty-five thousand and No/100 Dollars ($25,000.00)in exchange for the City satisfying and releasing the Code Enforcement Lien recorded in Brevard County Official Records against the Property which has been recorded at Official Record 8184,Page 2145 (June 8,2018)and entering into this Agreement.Upon full payment of the amount stated above by Crisafulli, the City will record a satisfaction and release of the aforementioned lien in the Official Records of Brevard County, Florida. 5. Representations of the Parties. The parties hereby each represent and warrant to the others that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the parties, constitute a legal, valid and binding obligation enforceable against the parties hereto in accordance with the terms and conditions of this Agreement. 6. Applicable Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any dispute related to this Agreement arising out of state law shall be properly located in Brevard County, Florida and any federal dispute shall be in Orlando, Florida. 7. Entire Agreement. This Agreement supersedes any other agreement, oral or written, regarding the Property and contains the entire agreement between the City and Crisafulli as to the subject matter hereof. This Agreement shall not be modified or amended except by written agreement duly executed by all the parties hereto. 8. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in 3 any respect the validity or enforceability of the remainder of this Agreement. 9. Effective Date. This Agreement shall become effective upon the execution of this Agreement by all parties hereto. 10. City Police Power and Sovereign Immunity. The City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 11. Interpretation. The parties hereby agree and acknowledge that they have each participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 12. Tax Deed Sale Funds. If the City is entitled to any surplus funds as the result of any tax deed sale on the Property, nothing shall prohibit the City from receiving any surplus funds and applying those sums to the full amount of any City lien recorded against the Property. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF CAPE CANAVERAL By: David L. Greene, City Manager ATTEST: By: Mia Goforth, CMC, City Clerk CITY SEAL 4 APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Cape Canaveral, Florida only. Date: By: Anthony A. Garganese, City Attorney for the City of Cape Canaveral, Florida Signed, sealed and delivered in the presence of the following witnesses: Signature of Witness Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF FLORIDA COUNTY OF BREVARD JAMES CRISAFULLI 960 Harbor Drive Merritt Island, Florida 32952 Date: The foregoing instrument was acknowledged before me this day of , 2019, James Crisafulli who is personally known to me or who produced as identification and who did take an oath. (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: 5 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 5 Subject: Approve renewal of Solid Waste Agreement with Waste Pro of Florida, Inc. for an additional five (5) years. Department: Community Services Summary: Waste Pro of Florida Inc. has indicated a desire to renew the current Solid Waste Agreement for an additional five (5) years under the current terms (Attachments 1 & 2). Pursuant to Ordinance No. 13-2014 (Attachment 3), Section 23.3 "This Agreement shall be renewed for additional five (5) years terms by mutual agreement of the parties unless either party provides notice of non-intent at least 180 days prior to expiration of the Agreement or renewal thereof." Staff recommends renewing with Waste Pro of Florida Inc. for an additional five (5) years. Submitting Department Director: Joshua A. Surprenant )5 Date: 3/12/19 Attachments: 1. Renewal Letter from Daniel Robson dated March 12, 2019 2. Exhibit A Fees (Updated 01-01-2017) 3. Ordinance No. 13-2014 Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/12/19 The City Manager recommends that City Council take the following action: Approve renewal of Solid Waste Agreement with Waste Pro of Florida, Inc. for an additional five (5) years. Approved by City Manager: David L. Greene 0` 14- Date: 3/12/19 Attachment 1 WASTE PRO (Logo) Caring For OurCommunities 3/12/2019 Mr. David Greene City Manager City of Cape Canaveral 105 Polk Ave Cape Canaveral, Florida 32920 RE: Renewal of the Solid Waste Agreement,City of Cape Canaveral/Waste Pro of Florida, Inc. Dear Mr. David Greene, This purpose of this letter is to confirm Waste Pro of Florida, Inc., desire to renew the Solid Waste Agreement for an additional five (5)year term. Waste Pro is excited and appreciative to continue our partnership with the City of Cape Canaveral. Waste Pro appreciates the City's time and consideration of above request. Waste Pro desires to continue to provide outstanding service to the residents and business owners of the City of Cape Canaveral,through a trusted and valued partnership. Respectfully, Daniel Robson Cocoa Division Manger Waste Pro of Florida, Inc. City of Cape Canaveral Solid Waste Rate Schedule Exhibit A Attachment 2 Services billed by the City Effective Jan 1 2017 User Category Code .0076 Increase Single Family-CART, yard waste, Bulk, single stream recycling service and weekly clam truck yard waste pick up. SFR1 9.79 Mobile Home-CAR I , vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. MHR2 9.79 Multi - Family -vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. RCCM 2.97 Commercial CART service CANS 11.96 Monthly Container(dumpster)yards 29.20 Commercial Single Stream Recycling Service CSSR 1.95 Cubic yard rate 3.37 Extra pick-up container yards 4.40 Wheels & Lock Bars (dumpsters only) WHEE 38.93 Description of Service Roll off container 20 yard open top per pull 177.98 30 yard open top per pull 177.98 40 yard open top per pull 177.98 Roll off compactors 15 yard monthly rate 500.57 20 yard monthly rate 500.57 30 yard monthly rate 500.57 40 yard monthly rate 500.57 Compactor per pull charge 15 yard per pull 177.98 Rate Sheet Page 1 City of Cape Canaveral Solid Waste Rate Schedule Exhibit A New Rate Jan 2017 Size of Dumpster/ Frequency of Pick Up Code increase.0076 DUMPSTER 2 CU 2 PU GX22 $ 58.41 DUMPSTER 2 CU 3 PU GX23 $ 96.49 DUMPSTER 2 CU 4 PU GX24 $ 134.57 DUMPSTER 2 CU 5 PU GX25 $ 172.65 DUMPSTER 2 CU 6 PU GX26 $ 210.73 DUMPSTER 3 CU 2 PU GX32 $ 87.61 DUMPSTER 3 CU 3 PU GX33 $ 144.73 DUMPSTER 3 CU 4 PU GX34 $ 201.86 DUMPSTER 3 CU 5 PU GX35 $ 258.98 DUMPSTER 3 CU 6 PU GX36 $ 316.10 DUMPSTER 4 CU 2 PU GX42 $ 116.81 DUMPSTER 4 CU 3 PU GX43 $ 192.98 DUMPSTER 4 CU 4 PU GX44 $ 269.14 DUMPSTER 4 CU 5 PU GX45 $ 345.31 DUMPSTER 4 CU 6 PU GX46 $ 421.47 DUMPSTER 6 CU 2 PU GX62 $ 175.22 DUMPSTER 6 CU 3 PU GX63 $ 289.47 DUMPSTER 6 CU 4 PU GX64 $ 403.71 DUMPSTER 6 CU 5 PU GX65 $ 517.96 DUMPSTER 6 CU 6 PU GX66 $ 632.20 DUMPSTER 8 CU 2 PU GX82 $ 233.63 DUMPSTER 8 CU 3 PU GX83 $ 385.96 DUMPSTER 8 CU 4 PU GX84 $ 538.28 DUMPSTER 8 CU 5 PU GX85 $ 690.61 DUMPSTER 8 CU 6 PU GX86 $ 842.94 Rate Sheet Page 2 City of Cape Canaveral Solid Waste Rate Schedule Exhibit A 20 yard per pull 177.98 30 yard per pull 177.98 40 yard per pull 177.98 Delivery charge for all roll off type containers 83.43 Multi - Family/Commercial yard waste Full clam truck per pick up- more then 10 cubic yards 133.48 1/2 clam truck per pick up- less then 10 cubic yards 66.74 Rate Sheet Page 1 Attachment 3 ORDINANCE NO. 13-2014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A REVISED SOLID WASTE FRANCHISE AGREEMENT WITH WASTE PRO OF FLORIDA, INC. PURSUANT TO SECTION 2.12(3) OF THE CITY CHARTER; ADOPTING THE SOLID WASTE RATES SET FORTH IN THE SOLID WASTE FRANCHISE AGREEMENT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 2.12(3) of the City Charter, which was approved by the voters in 2010, requires that the City Council approve all franchise agreements by Ordinance; and WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, white goods, and construction and demolition debris from residents,businesses,and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, Waste Pro of Florida, Inc. ("Waste Pro") has the necessary equipment, personnel, and experience to properly collect and dispose of solid waste; and WHEREAS, Resolution 2009-24, adopted on August 4, 2009 awarded a franchise to Waste Pro of Florida, Inc. and included two five (5) year renewal options; and WHEREAS, on July 19, 2011, the City and Waste Pro mutually agreed to amend the Franchise Agreement to streamline/simplify billing for Commercial customers to include the billing for the wheels and lock bars services provided by Waste Pro; and WHEREAS,the City Council of the City Council of Cape Canaveral,Florida hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and other entities to grant the franchise to Waste Pro of Florida, Inc. to provide for the collection and disposal of bulk trash, refuse, vegetative waste,recyclable materials, and construction&demolition debris as agreed upon in the attached Solid Waste Agreement, effective October 1, 2014; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by City of Cape Canaveral Ordinance No. 13-2014 Page 1 of 3 this reference and are deemed a material part of this Resolution. Section 2. Adoption of Solid Waste Franchise Agreement. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the Solid Waste Agreement between the City of Cape Canaveral, Florida and Waste Pro of Florida, Inc. A copy of said Agreement is attached hereto as "Attachment A," and is fully incorporated herein by this reference, and shall become effective on October 1, 2014. Section 3. Adoption of Solid Waste Rates. The City Council of the City of Cape Canaveral, Florida hereby approves and adopts the solid waste rates set forth in"Exhibit A"to the Solid Waste Agreement, attached hereto as"Attachment A." The Solid Waste Rates, as may be amended or annually adjusted by the consumer price index pursuant to Paragraph 5.0 of the Solid Waste Agreement, shall be incorporated into the Code in accordance with Section 5 of this Ordinance. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Incorporation of Franchise Agreement Into Code. The terms and conditions of the Solid Waste Agreement shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 6. Severability. If any section, subsection, sentence,clause,phrase,word,or portion of this Ordinance 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida and shall be given retroactive effect commencing on October 1, 2014. [Adoption page follows] City of Cape Canaveral Ordinance No. 13-2014 Page 2 of 3 ADOPTED by the City Council of the City of Cape Canaveral, Florida this 21st day of October, 2014. ROCKY RANDELS, Mayor ATTEST ANGELA APPERSON, City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney Name FOR AGAINST John Bond Second Bob Hoog X Buzz Petsos Motion Rocky Randels -X— Betty Walsh X First Reading: September 16, 2014 Legal Ad Published: September 25, 2014 Second Reading: October 21, 2014 City of Cape Canaveral Ordinance No. 13-2014 Page 3 of 3 Attachment "A" to Ordinance No. 13-2014 SOLID WASTE AGREEMENT THIS AGREEMENT made and entered into this 21st day of October, 2014, by and between the CITY OF CAPE CANAVERAL, FLORIDA, a Florida Municipal Corporation, located at 105 Polk Avenue, Cape Canaveral, Florida 32920 (hereinafter "City ") and WASTE PRO OF FLORIDA, INC., a Florida Corporation, located at 2101 W. State Road 434, Suite 315, Longwood, Florida 32779 (hereinafter "Contractor"). WITNESSETH: WHEREAS, there is an immediate and continuing need for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials from residents, businesses, and other entities within the municipal boundaries of the City of Cape Canaveral; and WHEREAS, in 2009 the City completed a competitive bidding process for the collection and disposal of bulk trash, refuse, vegetative waste, and recyclable materials within the City of Cape Canaveral; and WHEREAS, Contractor has the necessary equipment, personnel, and experience to properly perform the collection and disposal services described herein; and WHEREAS, upon review of the competitive bids submitted, the City Council of the City of Cape Canaveral determined that Contractor's bid was the lowest and most responsible bid submitted, and the City Council determined that it is in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral and its resident businesses and entities to award a franchise to Contractor to provide for the collection and disposal of bulk trash, refuse, vegetative waste, recyclable materials, construction and demolition debris upon the terms and conditions more particularly described herein; and WHEREAS, in consideration of the excellent service provided by the Contractor, the September 2014 expiration and the need to clarify certain portions of the contract; both parties have decided it is in the best interests of both to re-negotiate the 2009 contract. NOW THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the City and Contractor agree as hereinafter set forth: 1.0 Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference. 2.0 Definitions. The following words and phrases contained in this Agreement shall have the meaning ascribed in this section unless the context clearly indicates otherwise: 2.1 Authorized Representative: Shall mean the City Manager or his designee who shall represent the City in the administration and supervision of the Agreement. The City Manager's designee, if any, shall be appointed in writing, and said Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 1 of 44 Attachment "A" to Ordinance No. 13-2014 appointment may be for the administration and supervision of this Agreement, in whole or in part. 2.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non—liquid human tissue and body parts; laboratory and veterinary waste, which contain human-disease-causing agents; used or contaminated disposable sharps (e.g. hypodermic needles, syringes, broken glass, and scalpel blades), human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 2.3 Biological Waste: Shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 2.4 Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, car tires, and other similar appliances; household goods, and furniture and shall not be commingled with vegetative waste. 2.5 City: Shall mean the City of Cape Canaveral, a Florida Municipal Corporation located in Brevard County, Florida, acting through its City Council or Authorized Representative. 2.6 City Council: Shall mean the City Council of the City of Cape Canaveral, Florida. 2.7 City Code or Code: Shall mean the Code of Ordinances of the City of Cape Canaveral, Florida. 2.8 Collection and Disposal Service: Shall mean the process whereby refuse, bulk trash, vegetative waste, or recyclable material is collected and transported for disposal by Contractor under this Agreement to a designated facility or some other approved disposal facility. 2.9 Collection Equipment: Shall mean any vehicle or equipment that is used by Contractor to perform the collection and disposal services required by this Agreement. 2.10 Collection Vehicle: Shall mean any vehicle that is used by Contractor to perform the collection and disposal services required by this Agreement. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 2 of 44 Attachment "A" to Ordinance No. 13-2014 2.11 Collection Regulations: Shall mean any local, state, and federal laws and administrative rules that regulate any and all aspects of collection and disposal services, as may be in existence during the term of this Agreement. 2.12 Compactor: Shall mean and include containers dumped mechanically by a collection vehicle and able to be serviced by Contractor. The type serviced by a front end loader generally ranges in size from 2-10 cubic yards. The type serviced by a roll off truck generally ranges from 15-50 cubic yards. Both units are designed to mechanically compact solid waste. 2.13 Commercial Service: Shall herein refer to the collection and disposal services provided to business establishments, churches, schools, multiple dwelling units, office buildings and other commercial establishments serviced by mechanical container and/or commercial 96 gallon cart service. Commercial Service is further defined as any service identified within Exhibit "A" other than Service Code SFR1, MHR2, and RCCM. 2.14 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, furniture, appliances, wood, cardboard boxes or containers, sweepings, and any other similar accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other commercial establishments. Commercial trash shall not include special waste. 2.15 Complaint: Shall mean verbal or written indication from a customer or its Authorized Representative of a problem with any aspect of the collection and disposal services provided by Contractor pursuant to this Agreement, whether or not the problem results in a service call by Contractor. 2.16 Construction and Demolition Debris: Shall have the same meaning proscribed in 62-701.200(24), Florida Administrative Code, which at the effective date of this Agreement means: Discarded materials generally considered to be not water soluble and non- hazardous in nature, including but not limited to steel, glass, brick, concrete, asphalt material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, including such debris from construction of structures at a site remote from the construction or demolition project site. The term includes rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project; clean cardboard, paper, plastic, wood, and metal scraps from a construction project; except as provided in Section 403.707(9)(j), F.S., yard trash and unpainted, non-treated wood scraps from sources other than construction or demolition projects; scrap from manufacturing facilities that is the type of material generally used in construction projects and that would meet Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 3 of 44 Attachment "A" to Ordinance No. 13-2014 the definition of construction and demolition debris if it were generated as part of a construction or demolition project, including debris from the construction of manufactured homes and scrap shingles, wallboard, siding concrete, and similar materials from industrial or commercial facilities and de minimis amounts of other non-hazardous wastes that are generated at construction or demolition projects, provided such amounts are consistent with best management practices of the construction and demolition industries. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. 2.17 Contract or Agreement: Shall mean this Contract, and any amendments, executed by the City and the Contractor or renewals from time to time, for the performance of the collection and disposal services described herein. 2.18 Contractor or Franchisee: Shall mean Waste Pro of Florida., Inc. and its directors, officers, employees, agents, contractors, and assigns. 2.19 CPI: Shall mean the Consumer Price Index All Urban Consumers, Series ID: CUURX000SAO, not seasonally adjusted, size class B/C (between 50,000 and 1,500,000), all items, base period December 1996=100, as published by the United States Department of Labor, Department of Labor Statistics. 2.20 Customer: Shall mean City and any person, establishment or entity who receives, is required to receive, or requests collection and disposal services within the service area. 2.21 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Authorized Representative. 2.22 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by others for the disposal of solid waste collected by the Contractor in performing collection and disposal services provided hereunder. 2.23 Dispute: Shall mean a disagreement between Contractor and City concerning a question of fact, interpretation of this Agreement, Contractor's compliance and performance with the terms and conditions of this Agreement, and Contractor's level of service provided while performing collection and disposal services. A dispute does not include a disagreement concerning an annual evaluation as provided in paragraph 9.3. 2.24 E-Waste: Shall mean Electronic Waste that includes, but is not limited to, computer towers; laptop computers; keyboards, zip and external hard drives; flat screen monitors, scanners, printers, battery backup units; speakers, cables and related accessories; A/V equipment including amps, receivers, DVD, VCR, televisions, cassette and reel to reel tape players, turntables & related electrical hardware; power tools (plug-in and rechargeable); battery packs and chargers; Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 4 of 44 Attachment "A" to Ordinance No. 13-2014 communication devices (hand held & ham radios, pagers, cell phones, cordless & wired phones); rechargeable appliances (dust-busters, shavers, flashlights, small toys, fans); digital cameras, recorders, GPS units and related hardware; remote controls; electrical motors up to 3 HP; microwave ovens; all circuit boards; all Mercury-Containing Devices; i.e., fluorescent tubes and compact fluorescent bulbs; HID bulbs; thermostats, thermometers and switches. 2.25 Franchise: Shall mean an initial authorization or renewal thereof, voluntarily entered into by the Contractor and issued by the City, whether such authorization is referred to as a franchise permit, license, ordinance, resolution, agreement, or contract, which authorizes collection and disposal services within the service area. All franchises shall be presumed to be non-exclusive unless otherwise specifically authorized by City in writing. Any such authorization, in whatever form granted, shall not mean or include any franchise or permit required for the privilege of transacting and carrying on a business within the service area as required by other Code provisions and ordinances of the City. 2.26 Garbage: Shall mean all putrescible waste, which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Garbage shall not include special waste. 2.27 Hazardous Waste: Shall mean waste defined as hazardous waste pursuant to local, state, and federal law. 2.28 Household Trash: Shall mean the accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, whole automobile tires (not to exceed an amount permitted by the designated facility), construction and demolition debris from "do-it-yourself' projects not to exceed two cubic yards per customer per collection, and all other accumulations of a similar nature other than garbage and vegetative waste, which are usual to housekeeping, "do-it-yourself' home improvements, and home occupations (as defined by City Code). 2.29 Mechanical Container: Shall mean and include plastic or metal containers 2 cubic yards and greater, dumped mechanically by a collection vehicle and able to be serviced by Contractor. 2.30 Multiple Dwelling Units: Shall mean any building containing three (3) or more permanent living units, not including motels and hotels. 2.31 Performance and Payment Bond or Letter of Credit: Shall mean the form of security approved by the City and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will perform the collection and disposal services in accordance with the terms of the Contract. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 5 of 44 Attachment "A" to Ordinance No. 13-2014 2.32 Recyclable Materials: Shall mean newspapers (including inserts), aluminum and tin cans, plastic containers (HDPE and PET), brown, clear and green glass bottles and jars, and other solid waste materials added upon written agreement between the City and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 2.33 Recycling: Shall mean any process by which recyclable materials are collected, separated, and processed for purposes of extracting or reusing the raw materials contained in the recyclable materials. 2.34 Recycling Container: Shall mean a minimum fourteen (14) gallon recycling bin or larger cart used by residential customers and one or more ninety-six (96) gallon recycling carts for commercial and multiple dwelling unit customers, or other types of recycling bins approved by the Authorized Representative, to store recyclable materials for collection and disposal service. 2.35 Refuse: Shall mean commercial trash, household trash and garbage, or a combination or mixture thereof. 2.36 Refuse Container: Shall mean a heavy plastic receptacle, with a rated capacity of not more than ninety-six (96) gallons, having hinged tight-fitting lid and wheels, which is designed or intended to be used for automated or semi- automated collection. Carts will be provided by and distributed by the Contractor. Contractor shall retain ownership of the carts. 2.37 Residential: Shall mean single family detached homes, duplexes, multiple dwelling units, and mobile home/RV parks. 2.38 Residential Service: Shall mean collection and disposal services provided to persons occupying residential dwelling units, mobile homes, RV parks and multiple dwelling units not receiving commercial service under this Agreement. Residential service is further defined as services identified within Exhibit "A" with a Service Code of: SFR1, MHR2, and RCCM. 2.39 Roll-off Container: Shall mean a dumpster, which is used for the collection and disposal of construction and demolition debris or solid waste. The roll-off container may be of the open or enclosed variety and is typically hoisted onto a specially equipped truck for transporting the construction/demolition debris or solid waste to a designated facility. 2.40 Service Area: Shall mean the area within the municipal boundaries of the City of Cape Canaveral, Florida, as may be modified from time to time pursuant to Chapter 171, Florida Statutes. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 6 of 44 Attachment "A" to Ordinance No. 13-2014 2.41 Sludge: Shall mean the accumulated solids, mixed liquids, residues, and precipitates generated from wastewater treatment, water supply treatment, air pollution control facilities, septic tanks, grease traps, privies, or similar waste disposal appurtenances. 2.42 Solid Waste: Shall mean bulk trash, refuse, vegetative waste, and recyclable materials or any combination thereof. 2.43 Special Waste: Shall mean solid wastes that require special handling and management by Contractor, and which are not accepted at the designated facility, other disposal facility, or which are accepted at the designated facility, or other disposal facility, at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires which do not constitute household trash, used oil, lead—acid batteries, and biohazardous wastes. 2.44 Transfer: Shall mean the disposal, directly or indirectly, by gift, assignment, voluntary sale, merger, consolidation or otherwise, of twenty percent (20%) or more at one time of the ownership or controlling interest of Contractor, or thirty- five percent (35%) cumulatively over the term of the Agreement of such interests to a corporation, partnership, limited partnership, trust or association, or person or group of persons acting in concert or a change in control. Transfer shall not include any transfer or assignment to a person controlling, controlled by, or under the same common control as the Contractor at the effective date of this Agreement. 2.45 Vegetative Waste: Shall mean any vegetative matter resulting from routine and normal yard and landscaping maintenance generated on site and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar vegetative matter usually produced in the care of lawns, landscaping and yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. 3.0 Grant of Franchise. There is hereby granted to Contractor an exclusive right, privilege or franchise to collect and transport for disposal of solid waste and construction and demolition debris within the service area, during the term of this Agreement and subject to the limitations and conditions as set forth in this Agreement. All rights granted to Contractor hereunder shall be subject to the continuing right of the City to regulate the City's rights-of-way and to protect the public health, safety, and welfare and shall, at the sole discretion of the City, be in the public's interest. The grant of this Franchise shall not affect the City's right to provide collection and disposal services not expressly and unambiguously provided hereunder to Contractor on an exclusive basis or during an emergency. In the event of any conflict or ambiguity hereunder as to whether a collection and disposal service is exclusively granted to Contractor, the conflict or ambiguity shall be construed as granting Contractor a non-exclusive Franchise with respect to the collection and disposal service at issue. Nothing under this Agreement Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 7 of 44 Attachment "A" to Ordinance No. 13-2014 shall be construed as providing any Franchise for collection and disposal services not expressly provided for hereunder. 4.0 Scope of Work. It is the intent of this Franchise to provide for the exclusive collection and disposal service of solid waste within the service area, with the exception of the exclusions specifically set forth in this Agreement. Contractor shall perform the collection and disposal services under the following terms and conditions, all of which shall be a material part of this Agreement: 4.1 General Requirements: Contractor shall fully comply with the following: A. Laws and Regulations. Contractor shall be familiar and comply with all collection regulations and shall be solely responsible for determining, absorbing, and adjusting to the financial and practical impact such regulations have on its operation. B. Labor, Insurance, Equipment, etc. Contractor shall provide, at its sole cost and expense, all labor, insurance, supervision, machinery, equipment, plant and office buildings, trucks, tools, equipment, and accessories necessary to perform the collection and disposal services in accordance with the level of service required by this Agreement. C. Protection of Public/Private Property and Utilities. Contractor shall conduct his work in such a manner as to avoid damage to private or public property and shall repair or pay for any damage caused by its operations, except reasonable wear and tear to roadways. Contractor shall have knowledge of all existing utilities and operate with due care in the vicinity of such utilities and shall repair or have repaired, at no additional cost to the customer or utility owner, any breakage or damage caused by its operations. D. Spillage. Contractor shall not cause any spillage of solid waste to occur upon private or public property or the rights-of-way wherein the collection and disposal service occurs. Collection and disposal service shall be performed by Contractor to avoid leaking, spilling, and blowing of solid waste. In the event of any spillage caused by Contractor, Contractor shall promptly clean up all spillage at its expense. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up spillage. In addition, Contractor shall promptly clean up all fluid spillage from collection equipment to the maximum extent feasible and promptly notify the Authorized Representative of all such fluid spillage. E. Designated Facility. All solid waste shall be hauled to a designated facility as directed in writing by the Authorized Representative and Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 8 of 44 Attachment "A" to Ordinance No. 13-2014 disposed of at those facilities. At present, such designated facility includes the Brevard County disposal facility. F. Holidays. Contractor has the option to provide collection and disposal service on holidays observed by the City. The City shall provide a list of such holidays to the Contractor annually. Any disposal and collection service that would have been regularly provided, but for the holiday, shall be provided the next regularly scheduled pick-up day after the holiday, unless otherwise directed by the Authorized Representative in writing. Contractor shall maintain the frequency of collection required by paragraphs 4.2(A), 4.3(A), and 4.4(A) during holiday weeks. Contractor shall coordinate with Authorized Representative to inform the customers of any variance in the collection schedules resulting from a holiday at least five (5) days prior to each holiday. G. Contractor's Office. Contractor shall provide, at its sole cost and expense, a suitable office located within reasonable proximity to the service area. Within said office, Contractor shall maintain, during Contractor's normal working hours, a staff and a local telephone number where complaints and requests for collection and disposal service shall be received, recorded in a log, and handled during Contractor's normal working hours. The office shall also provide for a means to promptly handle emergency complaints and requests for service. H. Litter and Dangerous Animals. Contractor shall not be responsible for scattered solid waste which can be categorized as litter unless the same has been caused by Contractors acts or omissions, in which case, all such scattered solid waste shall be picked up immediately by Contractor. Contractor is also required to pick-up and dispose of any dead animals "road kill" found on the streets or sidewalks of the service area. Contractor shall maintain sufficient equipment on each collection vehicle (e.g. fork, broom, shovel) to pick up such scattered solid waste. Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs and animals, roaming at large, in order to accomplish collection and disposal services. However, in the event Contractor is unable to provide collection and disposal services to a customer under such conditions, Contractor shall promptly notify the Authorized Representative and customer, in writing, of such conditions and its inability to provide such collection and disposal services. Hours and Days. Except for unusual circumstances approved by the Authorized Representative in writing or as otherwise provided elsewhere in this Agreement, Contractor shall not perform collection and disposal services prior to 7:00 A.M. or after 7:00 P.M., E.S.T., Monday through Saturday. No collection and disposal services shall normally occur on Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 9 of 44 Attachment "A" to Ordinance No. 13-2014 Sundays and holidays designated in paragraph 4.1(F) unless authorized in writing by the Authorized Representative. J. Tagging Solid Waste Improperly Containerized. In the event solid waste is not containerized, bundled, or piled pursuant to this Agreement and Contractor does not perform collection and disposal services regarding such solid waste, Contractor shall tag the container, bundle, pile, or subject property with a written notice containing a brief explanation why the container, bundle, or pile was not collected and disposed of and promptly notify the Authorized Representative. The solid waste shall be collected and disposed of at the next regularly scheduled collection day, provided the solid waste is properly containerized,bundled, or piled. K. Customer Report; City Billing Database. Contractor and City agree that the monthly customer report required to be maintained and filed by Contractor pursuant to paragraph 19.3(A) is vital to keeping an accurate account of all customers receiving collection and disposal services under this Agreement and for ensuring accurate billing of customers by City. To this end, Contractor and City agree that each party must diligently maintain an accurate, up-to-date list of customers and the collection and disposal services received by those customers. The Contractor shall promptly notify the City of any new and existing Customers requesting collection and disposal services and any current Customers terminating such services. L. Site Plan/Development Review. City shall notify Contractor of pending site plan and development review applications in order to give Contractor an opportunity to comment during the review process on the placement of refuse or mechanical containers and the point of collection of solid waste. 4.2 Residential Service. Contractor shall provide residential collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be within five (5) feet of curbside. In the event an appropriate location cannot be agreed upon by the customer and Contractor, the Authorized Representatives shall designate the location. The Contractor and Authorized Representative shall mutually agree upon a point of collection locations for non - Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 10 of 44 Attachment "A" to Ordinance No. 13-2014 conforming service areas. For customers who are certified by a doctor as disabled and are unable to place household trash, garbage, or recyclable materials at the curb, collection shall be from the disabled customer's garage door or some other location acceptable to the customer. The refuse container and/or recycling container shall be returned by Contractor to the garage door or other location reasonably convenient to customer. C. Containers and Preparation. 1. Household Trash and Garbage. Garbage and household trash shall be placed only in carts. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated from residential customers which has been properly prepared and stored in a refuse container provided under the Automated Cart Program. Customers will be responsible for associated fees set forth in Exhibit "A". 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from residential customers which have been properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit"A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from residential customers provided same are placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length; shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of yard waste will be subject to a minimum '/2 Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetation debris they produce. Customers will be responsible for associated fees set forth in Exhibit"A". Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 11 of 44 Attachment "A" to Ordinance No. 13-2014 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for all bulk trash generated from residential customers regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste placed curbside at no additional cost. 4.3 Commercial Service. Contractor shall provide commercial collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for commercial trash and garbage at least two (2) times per week for unsealed containers, and more frequently as mutually agreed to by Contractor and the commercial customer. For vegetative waste and recyclable materials (if vegetative waste and/or recyclable material service is requested by customer) not less than once per week for an additional charge (Exhibit"A" rate schedule). B. Point of Collection. Collection of commercial trash, garbage, vegetative waste, and recyclable material shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Commercial Trash and Garbage. Contractor shall be required to provide collection and disposal services for all commercial trash and garbage generated by commercial customers which has been properly prepared and stored in a refuse container, mechanical container, roll-off container, or compactor under the following conditions: a. Customers shall be permitted to use refuse containers (carts) provided the amount of commercial trash and garbage per collection can be stored in a maximum of four (4) 96 gallon carts; otherwise, customers shall be required to use one or more of the following: mechanical containers, compactor service, roll-off containers. Contractor shall provide such customers with one (1) 96 gallon cart. Customers may purchase additional carts for a Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 12 of 44 Attachment "A" to Ordinance No. 13-2014 fee and shall pay the monthly service rate as set forth in Exhibit"A". b. Contractor shall be required to provide an adequate number of mechanical containers, compactors, or roll-off containers to customers who request or exceed the maximum number of refuse containers. Mechanical containers and roll-off containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container or roll-off container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer shall be responsible for associated fees as set forth in Exhibit"A". c. Contractor shall deodorize commercial front load and roll- off containers on an as-need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. d. Restaurant containers will be inspected monthly by Contractor. Containers will be painted on a yearly basis or more often, if necessary. e. Contractor will create and implement a replacement and maintenance schedule for all mechanical containers, compactors and roll-off containers provided to City customers. The schedule will be subject to review and approval by the Authorized Representative. At a minimum, the schedule will provide for replacement and yearly maintenance. Contractor shall keep a log of yearly maintenance and provide same to Authorized Representative upon request. 2. Recyclable Materials. Contractor shall provide collection and disposal services for recyclable materials generated from commercial customers who specifically request such service or as required by the City. If requested, recyclable materials shall be properly prepared and stored in a recycling container. Customers will be responsible for associated fees set forth in Exhibit"A". 3. Vegetative Waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from commercial customers who specifically request such service Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 13 of 44 Attachment "A" to Ordinance No. 13-2014 and pay associated fees set forth in Exhibit "A". Vegetative waste shall be placed in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., shall be cut in lengths of no greater than four (4) feet in length, shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick up will be required when a "Cherry Picker, Claw or Clam"type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph. Unbundled piles of vegetative waste will be subject to a minimum '/z Claw Truck fee per pick up for less than 10 yards or full Claw Truck fee per pick up for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 4.4 Multiple Dwelling Units. Contractor shall provide collection and disposal service as follows: A. Frequency of Collection. Contractor shall provide collection and disposal services for household trash and garbage at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste and recyclable materials not less than once per week. B. Point of Collection. Collection of household trash, garbage, bulk trash, vegetative waste, and recyclable materials shall be at a location mutually agreed upon by the customer and Contractor, and approved by the Authorized Representative. If mutual agreement cannot be reached between customer and Contractor, the Authorized Representative shall designate the location. However, in the event the location was approved as part of a site plan or development review process, the location shall be as shown on the final approved site or development plan. To the maximum extent feasible, the designated location shall be located in a place that provides for safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Household Trash and Garbage. Contractor shall be required to provide collection and disposal services for all household trash and garbage generated by multiple dwelling units which has been Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 14 of 44 Attachment "A" to Ordinance No. 13-2014 prepared and stored in a refuse container, mechanical container, or compactor under the following conditions: a. The multiple dwelling unit customer shall be permitted to use refuse Containers provided the amount of household trash and garbage per collection can be stored in a maximum of four (4) 96 gallon refuse containers; otherwise, customers shall be required to use mechanical containers or compactor service. b. Contractor shall be required to provide an adequate number of mechanical containers or compactors to customers who request or exceed the maximum number of refuse containers. Mechanical containers shall be provided at Contractor's sole expense and shall remain the property of Contractor, unless the mechanical container is owned by the customer. Compactors shall be provided as mutually agreed to by Contractor and customer. Customer will be responsible for associated fees set forth in Exhibit"A". c. Contractor shall deodorize commercial front load and roll off containers on an as-need basis. The City reserves the right to request specific containers be deodorized. Further, commercial front load containers which would normally contain food waste or other waste subject to decay shall be disinfected each time emptied. Customer will be responsible for associated fees set forth in Exhibit"A". 2. Recyclable Materials. Contractor shall be required to provide collection and disposal services for all recyclable materials generated from multiple dwelling unit customers which have been properly prepared and stored in a recycling container. Customer will be responsible for associated fees set forth in Exhibit"A". 3. Vegetative waste. Contractor shall be required to provide collection and disposal services for all vegetative waste generated from multiple dwelling unit customers who specifically request such service and pay associated fees set forth in Exhibit "A". Multifamily dwelling units receiving residential service shall place vegetative waste in a refuse container (cart) provided under the Automated Cart Program. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate cart. All leaves and pine needles, ornamental shrubs, clippings and tree trimmings with branches less than 3 inches in diameter making up not more than one cubic yard shall be placed in the cart. Tree limbs, tree trunks, palm fronds, etc., Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 15 of 44 Attachment "A" to Ordinance No. 13-2014 shall be cut in lengths of no greater than four (4) feet in length, shall be no larger than 6 inches in diameter and shall not exceed fifty (50) pounds per limb, trunk, frond, or bundle thereof. A special pick-up will be required when a "Cherry Picker, Claw or Clam" type collection vehicle is required to collect excess piles of vegetative waste in excess of the maximum length and poundage set forth in this paragraph, or if multifamily dwelling unit is receiving commercial service. Unbundled piles of vegetative waste will be subject to a minimum '/2 Claw Truck fee per pickup for less than 10 yards or full Claw Truck fee per pickup for more than 10 yards. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 4. Bulk Trash. Contractor shall be required to provide collection and disposal services for bulk trash generated from multiple dwelling unit customers regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste at no additional cost. 4.5 City Controlled Property. As per Exhibit "B" and as requested, excluding sludge removal, by the Authorized Representative, Contractor shall provide collection and disposal services for all refuse, bulk trash, vegetative waste, and recyclable materials generated by City at properties owned, leased, or otherwise controlled by City. In addition, Contractor shall provide such collection and disposal services for any and all City sponsored special events as agreed to by City and Contractor, and for all City public receptacles located along or in public rights-of-way, sidewalks, beaches, and public recreational facilities. Such collection and disposal services shall be at no charge or expense to City. A. Frequency of Collection. Unless otherwise directed by the Authorized Representative in writing, Contractor shall provide collection and disposal services for refuse at least two (2) times per week, with collections at least three (3) days apart, and for bulk trash, vegetative waste, and recyclable materials not less than once per week. B. Point of Collection. Collection of refuse, bulk trash, vegetative waste, and recyclable materials shall be at locations designated by the Authorized Representative, with consideration given for the safe, convenient, and expedient access by Contractor. C. Containers and Preparation. 1. Refuse. Contractor shall provide collection and disposal services for refuse generated by City which has been properly prepared and stored in a refuse container or mechanical container as Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 16 of 44 Attachment "A" to Ordinance No. 13-2014 determined by the Authorized Representative. Contractor shall provide the mechanical container at Contractor's expense. 2. Recyclable Materials. Contractor shall provide collection and disposal services for all recyclable materials generated by City which have been properly prepared and stored in a recycling container or other container mutually agreed to by the Authorized Representative and Contractor. 3. Vegetative Waste. Contractor shall provide collection and disposal services for all vegetative waste generated by City provided the vegetative waste is containerized in a refuse container. Vegetative waste shall be segregated from the garbage and household trash which shall be placed in a separate container. Notwithstanding, Contractor and City may mutually agree to some other method of preparation and storage for City projects which generate significant amounts of vegetative waste. 4. Bulk Trash. Contractor shall provide collection and disposal services for all bulk trash generated by City regardless of whether it is containerized. 5. E-Waste. Contractor will collect and dispose of electronic waste at no cost. 4.6 Biohazardous, Biological, Hazardous, Sludge, and Special Waste. Contractor shall not be responsible for collection and disposal services for biohazardous waste, biological waste, hazardous waste, sludge, and special waste under this Agreement. However, to the extent qualified and licensed, Contractor may contract with persons and entities within the service area, along with other qualified and licensed contractors, to provide for such collection and disposal services. Contractor shall directly bill such persons and entities for such services at a rate mutually agreed on between Contractor and such persons and entities. 4.7 Construction and Demolition Debris Service. Contractor shall provide collection and disposal service of construction and demolition debris to residential, multiple dwelling units, and commercial customers as follows: A. Exclusive Right. Contractor shall have the exclusive right to provide collection and disposal services for construction and demolition debris utilizing roll-off containers, as that term is defined in paragraph 2.39 of this Agreement, or other appropriate containers. Contractor shall directly bill such services at a rate listed in Exhibit "A". Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 17 of 44 Attachment "A" to Ordinance No. 13-2014 1. Exclusion. Contractors hauling their own construction and demolition debris are excluded from this provision, provided they use a dump truck or trailer owned by the Contractor. B. Frequency of Collection. Contractor shall provide collection and disposal services for construction and demolition debris utilizing roll-off containers or other appropriate containers to customers that specifically request such service or as required by City. Said collection and disposal services shall be provided as frequently as mutually agreed to by Contractor and the customer or as required by the Authorized Representative or City Code to protect the public health, safety, and welfare. C. Point of Collection. Collection of construction and demolition debris shall be at a location mutually agreed upon by the customer and Contractor; collection shall be located within the boundary of the property served, unless otherwise approved by the Authorized Representative. D. Containers and Preparation. Contractor shall provide one or more roll- off containers or other appropriate containers of a size and number mutually agreed to by Contractor and customer. 4.8 Code Enforcement. Upon request of the Authorized Representative, Contractor shall assist the City in its code enforcement efforts by providing collection and disposal service of solid waste and construction and demolition debris located on real property in violation of the City Code. 4.9 Automated Cart Program Contractor has the capability of providing certain automated equipment which may be utilized in conjunction with a toter cart program for garbage and vegetative waste collection ("Automated Cart Program"). Contractor shall implement the Automated Cart Program pursuant to operational terms and conditions negotiated with the City, provided that same shall not result in an increase in total cost to the City. The Contractor shall be responsible for the purchase, distribution, and repair of carts that have been damaged and shall distribute one (1) or two (2) 96 gallon carts to each residential unit depending upon the customer's waste generation requirement. Those customers with minimal waste volumes may select one (1) 64 gallon cart. Contractor shall maintain, at all times, a sufficient number of carts to ensure that all extra or replacement carts can be provided within five work days upon notification by the City or the customer. Contractor shall distribute fully assembled carts to new residential units that are added during the term of this contract. Carts that have been lost or damaged due to customers' abuse or negligence shall be repaired or replaced, at the expense of the customer; if replaced, utilizing the then current cost of the cart. Customer may purchase a Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 18 of 44 Attachment "A" to Ordinance No. 13-2014 third cart for a charge as set forth in Exhibit "A". Those seeking changes in cart size will be charged $25.00 delivery charge for each such change. 4.10 Tire Collection Contractor shall provide weekly tire collection and disposal services to residential customers at no additional charge, provided no more than four(4) tires per household, per year. 5.0 Rates and Charges Compensation to Contractor. 5.1 Rates; Compensation to Contractor. For collection and disposal Services provided under this Agreement, City shall pay Contractor fees/rates collected in accordance with the schedule attached hereto and fully incorporated herein as Exhibit "A". A. Code Enforcement. Upon request of the Authorized Representative, Contractor shall provide solid waste, construction and demolition debris collection and disposal service to City for code enforcement related matters at no charge to the City. B. Compactor Service. Rates are set forth in Exhibit "A" for compactor service provided pursuant to this Agreement. C. Residential, Mobile Home, Multiple Dwelling, Commercial and Special Vegetative Waste Services. Vegetative waste collection and disposal service shall be charged an amount as set forth in Exhibit "A". Customers who are required to have special vegetative waste services, which by virtue of its size or weight exceeds routine and normal yard and landscaping maintenance generated on site, shall be charged an amount as set forth in Exhibit "A" in addition to monthly service fees. Hired Contractors and Landscapers must haul away any vegetative debris they produce. 5.2 Billing Customers by City. Customer billing shall be established and enforced by City Code. The City shall provide the customer billing for all collection and disposal services provided by Contractor under this Agreement, unless otherwise specifically stated herein. City shall perform said billing by means and at times deemed appropriate by City. Contractor shall fully cooperate with City in customer billing. Contractor and City acknowledge that the City currently contracts with the City of Cocoa to bill Contractor's services Billing fees are passed along to the customer and remitted directly to the City of Cocoa. The Contractor will not be charged a billing fee. 5.3 Billing and Payment Procedure. Unless otherwise provided by the Authorized Representative, customer billing and payment to Contractor shall be in accordance with the following procedure: Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 19 of 44 Attachment "A" to Ordinance No. 13-2014 A. Unless otherwise specifically provided in this Agreement or mutually agreed to by the City and Contractor in writing, the City shall provide Customer billing for collection and disposal services provided under this Agreement. Contractor shall, however, provide Customer billing when special rates and services apply and for roll-off services. B. The Contractor shall certify to the City on the third Friday of each month the number and size of all Customers and containers. The City shall reconcile Contractor's information with the City's records. The City and Contractor shall make appropriate adjustments to their respective billing and service data records to reflect those customers and services that should be billed based on the City's reconciliation. C. City shall submit to the Contractor a monthly statement for collection and disposal services rendered under this Agreement for the preceding month. The statement shall be in a format reasonably requested by the Contractor. The Contractor shall verify the customer services and amounts on the statement and shall make appropriate adjustments to City's statement invoice to reflect any errors contained therein. City shall not be responsible or liable if Contractor fails to properly verify the data on the statement. D. By the 25th of the following month of receipt of City's monthly statement, City shall pay Contractor the amount collected for the preceding month, including the fees for wheel and lock bar services for dumpsters. The City shall provide a listing each month of all accounts with outstanding fees and the Contractor shall have the option to discontinue service for non-payment for any account sixty-five (65) days overdue. The Contractor shall have the option to discontinue wheel and lock bar services for any account thirty-five (35) or more days overdue. Contractor shall be entitled to charge a $75.00 fee to reestablish wheel and lock bar services if services were discontinued due to late payment. City shall assist Contractor by all legal means in collection effort for outstanding fees. 5.4 Franchise Fee. A Franchise Fee of $100,000 per year shall be considered payment to the City in exchange for the exclusive rights and privileges granted by this Franchise. The Franchise Fee shall not be passed along to the customer. The Fee shall cover all services provided and revenues received under this contract regardless of whether billed by the City or the Contractor. The Fee shall become effective January 1, 2015. The Fee shall increase annually by the CPI increase noted in 5.5a. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 20 of 44 Attachment "A" to Ordinance No. 13-2014 5.5 Contractor's Petition for a Rate Adjustment. a. The rates in paragraph 5.1 shall be annually adjusted by the CPI, as defined in section 2.19, pursuant to the following mathematical formula: New Rate= [CPI 2—CPI 1] +1 x Current Rate CM 1 ``CPI 1" is the published CPI for the month of August of the preceding year. "CPI 2" is the published CPI for the month of August of the year in which the rate is being adjusted. Since the August CPI is not available until late September, all changes to the rates in Exhibit "A" will be all bills dated after January 1st of the following year. Adjustments to the rates made in accordance with this subsection are intended to reflect changes in the purchasing power of a given amount of money expressed in dollars. If CPI 1 and CPI 2 are not expressed in relation to the same base period or if a material change is made in the method of establishing the CM, the City and the Contractor shall make an appropriate statistical adjustment or conversion. If the CPI is discontinued, the City and the Contractor shall mutually select another index published by the United States Government or by a reputable publisher of financial and economic indices. b. Additionally, the Contractor may petition the City to adjust the rates in Exhibit "A" based upon unusual and unanticipated increases in the cost of doing business including, but not limited to, a change in any collection regulation or fees. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The City shall be entitled to audit the Contractor's financial and operational records directly related to the Contractor's request in order to verify the increase in costs and the reasons therefor by a Third Party, at the cost of Contractor. The Contractor's request must be made within a reasonable time, and shall contain reasonable proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The City shall approve or deny the request (without penalty), in whole or in part, at its sole and absolute discretion, within sixty (60) days of receipt of the request and all other additional information required by the City. If such Adjustment is granted, the City shall have ninety (90) days after approval to start billing. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 21 of 44 Attachment "A" to Ordinance No. 13-2014 6.0 Schedules and Routes. Contractor shall provide written notice to the City of its collection and disposal routes and schedules. The City reserves the unconditional right to deny Contractor's vehicles access to any street, alley, bridge, beach, or public way within the service area while performing collection and disposal services under this Agreement, where the City determines that it is in the best interests of the public health, safety, and welfare to do so, because of the conditions of the streets, alleys, bridges, beaches, or public ways. However, Contractor shall not interrupt the regular schedule and level of service because of such closures of less than eight (8) hours in duration. The City shall notify Contractor of any such closures of longer duration, and arrangements shall be made in a manner acceptable to Contractor and the Authorized Representative for the collection and disposal services interrupted by the closure. Customers shall be notified in writing by Contractor of the schedules provided by Contractor and any amendments thereto, provided customers shall be given at least seven (7) days prior written notice of any such amendments. Any and all route and schedule changes must receive prior approval by the Authorized Representative and schedule changes shall be announced per City established media. 7.0 Collection Equipment and Vehicles. Contractor shall provide collection equipment for the collection and disposal services as follows: 7.1 Type and Amount. Contractor shall have on hand, at all times under this Agreement, collection equipment that is in good working order and sanitary condition that will permit Contractor to perform the collection and disposal services in a sufficient and efficient manner so that the schedules and routes can be maintained. Collection equipment shall be obtained from a nationally known and recognized manufacturer of collection equipment. Collection vehicles shall be of the enclosed packer type or other type vehicle which meets industry standards and is approved by the Authorized Representative. 7.2 Condition. All collection equipment shall be maintained in a reasonable and safe working condition, in good repair, appearance, sanitary and clean. Contractor shall spray all mechanical containers with disinfectant every thirty (30) days. Collection equipment shall be painted uniformly with the Contractor's name, telephone number and collection vehicle number in letters not less than three (3) inches high on each side of the collection vehicle. Contractor shall keep an accurate record of the vehicle to which each number is assigned. Advertising on collection vehicles is prohibited, except for advertisements promoting City sponsored special events. Collection vehicles will be personalized for the City of Cape Canaveral. 7.3 Overloading. Collection vehicles shall not be overloaded by Contractor so as to cause litter or spillage; however, if litter or spillage occurs because of overloading it shall be picked up immediately as required by paragraphs 4.1(D) and (H). Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 22 of 44 Attachment "A" to Ordinance No. 13-2014 7.4 Back-up Equipment. Contractor shall maintain sufficient back-up collection equipment, which shall satisfy the condition requirements of paragraph 7.2. of this Agreement, to temporarily replace collection equipment that is in a state of disrepair or is inoperable at any time during Contractor's performance of the collection and disposal services pursuant to this Agreement. The back-up collection equipment shall be put into service within a reasonable time without interruption of collection and disposal services. Such back-up collection equipment shall correspond in size and capacity to the collection equipment ordinarily used by Contractor in the performance of collection and disposal services under this Agreement. 8.0 Contractor's Personnel. Contractor shall fully comply with the following terms and conditions regarding Contractor's personnel: 8.1 Contractor's Representative. Contractor shall appoint a representative to administer and manage this Agreement on Contractor's behalf as required by paragraph 26.0 of this Agreement. 8.2 Other Personnel. Contractor shall provide a sufficient number of qualified persons to provide the collection and disposal services. All persons who are given supervisory authority by Contractor shall be made available to the Authorized Representative for consultation within a reasonable and practicable time after Contractor receives notice from the Authorized Representative that a consultation is being requested. Supervisors shall operate a collection vehicle that is equipped with a communication device. 8.3 Conduct of Personnel. Contractor shall require/ensure that its personnelserve all customers in a courteous, helpful, and impartial manner. Contractor's personnel shall perform collection and disposal services while using existing sidewalks and driveways when on private and public property. Contractor personnel shall observe all no trespassing signs and not cross between neighboring properties unless the customer, or customers in the case of neighboring properties, has expressly given said personnel permission. Contractor's personnel shall perform all collection and disposal services with due care, always taking reasonable precautions/steps to avoid damaging real and personal property including, but not limited to, refuse containers, recycling containers, carts, racks, trees, shrubs, flowers, and similar property. Contractor is liable for all such damage caused by Contractor's personnel and shall promptly provide sufficient and appropriate compensation, repair or replacement (the choice of which is at its discretion) to customers for such damage. 8.4 Uniform Regulations. Contractor agrees that identification of Contractor's personnel while performing collection and disposal services is important to the customer's health, safety, and welfare. Consequently, Contractor's personnel performing collection and disposal services shall wear a uniform or shirt bearing Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 23 of 44 Attachment "A" to Ordinance No. 13-2014 the Contractor's name. Lettering stitched on or identifying patches permanently attached to the uniform or shirt is acceptable. 8.5 Labor and Employment Laws. Contractor shall comply with all applicable local, state, and federal labor and employment laws affecting its personnel. 8.6 Informing Personnel of Responsibilities. Contractor shall take whatever steps it deems necessary to fully inform its personnel about the terms, conditions, and responsibilities required under this Agreement. City shall not be responsible for informing Contractor's personnel of said terms, conditions, and responsibilities. Contractor shall provide operating and safety training to its personnel. 8.7 Driver's License. All Contractor's personnel who drive a collection vehicle while performing collection and disposal services shall at all times have and carry a valid Florida commercial driver's license for the type of vehicle being driven. 8.8 Drug Free Workplace. Contractor shall maintain a drug free workplace policy. If requested by City, Contractor shall provide documentation certifying to the City it is a drug free workplace. 8.9 Temporary Labor. Contractor shall not utilize temporary labor in providing collection and disposal services to the City under the Solid Waste Agreement. All labor used shall be on Contractor's payroll. 8.10 Supervision. On a daily basis, Contractor will have a supervisor ride the streets in the City to address collection and disposal issues as they arise. During collection days, supervisor will be responsible for collecting car tires, e-waste and materials that are not collected by the regular collection vehicles. 9.0 Level of Service; Customer Complaints; Annual Evaluation by City. 9.1 Level of Service. Contractor acknowledges and agrees that the continuation of this Franchise depends on Contractor consistently providing a high quality, efficient level of collection and disposal services to all customers. To ensure such services are provided in such a manner, Contractor's performance shall be evaluated, on an annual basis, pursuant to the procedure established in paragraph 9.3 of this Agreement and based on the following review criteria: A. The number of complaints received pursuant to paragraph 9.2 herein and Contractor's performance in resolving the complaints in a professional and expedient manner. B. Contractor's responsiveness to direction given by the Authorized Representative. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 24 of 44 Attachment "A" to Ordinance No. 13-2014 C. The number of times that Contractor had to pay liquidated damages pursuant to paragraph 25.0 herein. D. Contractor's participation in community meetings sponsored by City and Contractor's performance in resolving complaints received at those meetings in a professional and expedient manner. E. Contractor's financial viability to continue performing the collection and disposal services required by this Agreement. 9.2 Customer Complaints. It is the intent of this Agreement to ensure that the Contractor provides a high quality level of collection and disposal services to all customers. To this end, failures to provide collection and disposal services to customers, or failures observed by the Authorized Representative, and reported to the Contractor shall promptly be resolved pursuant to the provisions of this Agreement. All customer complaints should be made to the Authorized Representative and will be forwarded to the Contractor by person, telephone, in writing by mail or facsimile when received, whether directly from the Customer or forwarded from the Authorized Representative. The Contractor shall record complaints on a form approved by the Authorized Representative and shall take appropriate steps to resolve the complaint in a professional and expedient manner. Any complaints received by the Contractor before 12:00 noon shall be resolved before 5:00 p.m. of that same day. Complaints received after 12:00 noon shall be resolved before 12:00 noon of the following day. The Contractor shall make contact with the customer complainant, within the above times, for all complaints related to collection and disposal services. The Contractor shall notify the Authorized Representative within twenty-four (24) hours of the action taken to resolve the complaint. If the complaint involves a claim of damage to private or public property caused by Contractor during the performance of collection and disposal services, the Contractor shall within twenty-four (24) hours provide the Authorized Representative with a full written explanation of said complaint, an estimate of the damage, and Contractor's proposed. 9.3 Annual Evaluation Procedure. Contractor's performance shall be annually evaluated by City's Authorized Representative under the following procedure: A. Upon or soon after the occurrence of each annual anniversary date of this Agreement, the Authorized Representative shall conduct and prepare a written annual evaluation of Contractor's performance in providing the collection and disposal services under this Agreement ("Evaluation"). The Evaluation shall be based on the level of service criteria set forth in paragraph 9.1 herein. For each criteria the Authorized Representative shall evaluate and grade Contractor's performance as unacceptable, needs improvement, acceptable, good or exceptional. If Contractor receives a less than acceptable grade, the Authorized Representative shall provide Contractor a written explanation of why Contractor's performance was Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 25 of 44 Attachment "A" to Ordinance No. 13-2014 unacceptable and Contractor shall be given a reasonable period of time, as determined by the Authorized Representative, to bring its level of performance up to levels acceptable to the Authorized Representative. B. At the City Manager's discretion, the Evaluation, the aforesaid explanation, and other relevant documents shall be delivered to the City Council for consideration at a public meeting. At the meeting, the Authorized Representative and Contractor shall have the opportunity to explain their positions and the City Council shall then determine whether this Franchise should continue under conditions determined by the City Council or be terminated, without penalty, pursuant to paragraph 14.1(H) herein. 10.0 Authorized Representative's Interpretation and Decision. Any dispute between the City and Contractor, which cannot be disposed of by mutual consent between the parties within a reasonable period of time ("Impasse"), shall be ultimately decided by the Authorized Representative. At such time the Authorized Representative declares an Impasse, he shall have thirty (30) days to decide the Impasse issue, unless additional time is reasonably needed. All such decisions shall be reduced to writing by the Authorized Representative and delivered to Contractor within three (3) business days of said decision. All such written decisions shall contain a sufficient explanation, as may be deemed necessary by the Authorized Representative, to explain the decision. The decision shall be final and binding on both parties unless appealed to the City Manager. Within three (3) business days of the Authorized Representative's decision, Contractor may appeal said decision to the City Manager who will hear and decide the appeal The City Manager's decision shall be binding and final. Failure to file an appeal within said time period shall result in a waiver of the right to appeal. Pending the decision, Contractor shall proceed diligently with the performance of the collection and disposal services in accordance with this Agreement and any preliminary directions of the Authorized Representative. 11.0 Other City Permits. For collection and disposal services not exclusively provided by Contractor under this Agreement, Contractor shall obtain all permits required by City Code to provide said services. 12.0 Performance Bond Alternatives. 12.1 Performance Bond. The Contractor shall obtain and maintain during the entire term of this Agreement and any extensions and renewals thereof, at its cost and expense, and file with the City a corporate surety bond in the amount of Five Hundred Thousand Dollars ($500,000.00) to guarantee faithful performance by the Contractor of all of its obligations required under this Agreement and the City Code (hereinafter referred to as "Bond" or "Performance Bond"). Such bond must be issued by a surety with an A- or higher rating. Alternatively, the Contractor shall obtain and continuously maintain an unexpired Irrevocable Letter of Credit, which shall at all times be in the possession of the City. The Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 26 of 44 Attachment "A" to Ordinance No. 13-2014 form and contents of such performance bond or letter of credit shall be acceptable to the City. The Letter of Credit or Performance Bond shall be released only upon expiration of the Agreement or upon replacement by a successor Contractor. 12.2 Conditions. The performance bond or letter of credit shall be issued upon the following conditions: A. The performance bond shall be issued by a surety approved by City and licensed and authorized to do business as a surety in the State of Florida and has an A- or higher rating The irrevocable letter of credit shall be issued by a bank or savings and loan association acceptable to the City, authorized to do business in this State by either the State of Florida Comptroller or the United States government. The letter of credit shall name the City as the beneficiary. B. There shall be recoverable by the City jointly and severally from the principal and surety or the financial institution that has issued the letter of credit, any and all fines and liquidated damages due the City and any and all damages, losses, costs, and expenses suffered or incurred by the City resulting from the failure of the Contractor to: faithfully comply with the provisions of the City Code and this Agreement; comply with all orders, permits and directives of any City agency or body having jurisdiction over its acts or defaults; pay any claims, liens, fees, or taxes due the City which arise by reason of the collection and disposal services provided under this Agreement. Such losses, costs and expenses shall include, but not be limited to attorney's fees and other associated expenses. C The total amount of the bond or letter of credit shall be forfeited as a liquidated damage paid to the City in the event: 1. Contractor abandons, or cancels with less than one hundred- eighty (180) days written notice to City, its obligations and responsibilities to perform the collection and disposal services required under this Franchise, prior to the expiration of the term of the Agreement. 2. Contractor assigns this Agreement without the express written consent of the City. 3. This Agreement is terminated by reason of the default of the Contractor. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 27 of 44 Attachment "A" to Ordinance No. 13-2014 12.3 Reduction of Bond/Letter of Credit. Upon written application by the Contractor, the City may at its sole option, permit the amount of the bond or letter of credit to be reduced for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. Upon written application by the Contractor, the City may, at its sole option, permit the terms of the requirements of the performance bond/letter of credit to be altered for the term of this Agreement or periods of time, when it is determined by the City to be in the public interest. 12.4 Use of Bond and Letter of Credit. Prior to drawing upon the letter of credit or the bond for the purposes described in this section, the City shall notify Contractor in writing that payment is due, and the Franchisee shall have thirty (30) days from the receipt of such written notice to make payment. If the Contractor does not make the payment within thirty (30) days or demonstrate reasons acceptable to the City why such action should not be taken, the City may withdraw the amount thereof, with interest and penalties, from the letter of credit or the bond. Within three (3) business days of a withdrawal from the letter of credit or bond, the City shall send to the Contractor, by certified mail, return receipt requested, written notification of the amount, date and purpose of such withdrawal. 12.5 Replenishment of Letter of Credit and Performance Bond. No later than thirty (30) days, after mailing to the Contractor by certified mail notification of a withdrawal pursuant to paragraph 12.4 above, the Contractor shall replenish the letter of credit and/or performance bond in an amount equal to the amount so withdrawn. Failure to make timely replenishment of such amount to the letter of credit and/or performance bond shall constitute a failure of the Contractor to faithfully comply with the provisions of this Agreement. 12.6 Non-renewal, Alteration, or Cancellation of Letter of Credit or Performance Bond. The performance bond and letter of credit required herein shall be in a form satisfactory to the City which approval shall not be unreasonably withheld and shall require thirty (30) days written notice of any non-renewal, alteration or cancellation to both the City and the Contractor. The Contractor shall, in the event of any such cancellation, alteration, or non-renewal notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement bond or policies within thirty (30) days following receipt by the City or the Contractor of any notice of cancellation, alteration, or non-renewal. 12.7 Inflation. At the sole discretion of the City, to offset the effects of inflation, the amount of the bond or letter of credit provided for herein is subject to annual increases at the end of every year provided the amount of the bond or letter of credit shall not exceed fifty percent (50%) of the total amount paid Contractor by City pursuant to paragraph 5.0 for the year previous to the increase. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 28 of 44 Attachment "A" to Ordinance No. 13-2014 12.8 Default. The performance bond and letter of credit provided pursuant to this section shall become the property of the City in the event that this Agreement is canceled or terminated by reason of default by the Contractor. 12.9 Right to Require Replacement of Bonds or Letter of Credit. If the City becomes aware of the financial condition of any bonding or financial institution issuing a performance bond or letter of credit as required herein and said financial condition is reasonably deemed by the City to jeopardize the collateral posted with the City, the City may require such bond or letter of credit be replaced with such other bond or letter of credit consistent with the requirements set forth in this section. 13.0 Transfer of Ownership or Control. 13.1 Transfer of Franchise. This Agreement shall not be sold, transferred, leased, assigned or disposed of including, but not limited to,by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such reasonable conditions as the City may establish which may include, but not be limited to, financial guarantees to the collection and disposal services. 13.2 Transfer Threshold. The Contractor shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Contractor. 13.3 City Approval. Every transfer shall make this Agreement subject to cancellation unless and until the City shall have consented thereto in writing. For the purpose of determining whether it may consent to such transfer, the City may inquire into the legal, financial, character, technical, and other public interest qualifications of the prospective transferee or controlling party, and the Contractor shall assist the City in obtaining all required information. Failure to provide all reasonable information requested by the City as part of said inquiry shall be grounds for denial of the proposed transfer. 13.4 Signatory Requirement. Any approval by the City of transfer of ownership shall be contingent upon the prospective assignee becoming a signatory to this Agreement. 13.5 Administrative Fee. Upon approval of the transfer of ownership an administrative fee of$25,000.00 shall be paid to the City. 14.0 Forfeiture or Termination. 14.1 Grounds for Revocation. The City reserves the right to terminate this Agreement, without penalty, and rescind all rights and privileges associated with Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 29 of 44 Attachment "A" to Ordinance No. 13-2014 the Franchise in the following circumstances, each of which shall represent a default and breach of this Agreement: A. Contractor defaults in the performance of any of the material obligations to provide collection and disposal services under this Agreement or the City Code; B. Contractor fails to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond (or alternative letter of credit) as required herein; C. Contractor violates any material provisions of any orders or rulings of any regulatory body having jurisdiction over the Contractor relative to this Agreement and any regulatory ordinance of the City, and Contractor fails to begin cure within five business (5) days of notice from the City to complete cure within a reasonable time after notice, as determined by the City; D. Contractor practices or engages in any fraud upon the City or any customer; E. Contractor's gross negligence, as defined by general law, in maintaining any of the level of service standards required in this Agreement; F. Contractor becomes insolvent, unable/unwilling to pay its debts or is adjudged bankrupt; G. Contractor fails to provide collection and disposal service throughout the service area if a disruption of such service occurs pursuant to paragraph 24.0 of this Agreement, unless approval of such disruption is obtained from the City; H. Contractor fails to satisfy the level of service annual evaluation conducted pursuant to paragraph 9.3 of this Agreement; or I. Contractor provided a material misrepresentation of fact in the application for or negotiation of the Franchise granted under this Agreement or any extension or renewal thereof 14.2 Effect of Circumstances. Contractor shall not be declared at fault or be subject to any sanction under any provision of this Agreement in any case, in which performance of any such provision is prevented for reasons beyond the Contractor's control. For the purposes of this Agreement, causes or events beyond the Contractor's control shall include, without limitation, acts of God, floods, earthquakes, landslides, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, restraints imposed by Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 30 of 44 Attachment "A" to Ordinance No. 13-2014 order of a governmental agency or court. A fault shall not be deemed to be beyond the Contractor's control if committed by a corporation or other business entity in which the Contractor holds a controlling interest whether held directly or indirectly, when such fault is due to Contractor's financial inability to perform or comply, economic hardship, or misfeasance, malfeasance or nonfeasance by any of the Contractor's directors, officers, employees, contractors or agents. 14.3 Effect of Pending Litigation. Pending litigation or any appeal to any regulatory body or court having jurisdiction over the Contractor shall not excuse the Contractor from performance of its obligations under this Agreement, unless specifically provided for by court order or by the regulatory body having jurisdiction over such matters. Failure of the Contractor to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this Section. 14.4 Procedure Prior to Revocation. Except as provided in paragraph 9.3 for annual evaluations, the Authorized Representative shall notify the Contractor in writing of the exact nature of the alleged violation constituting a ground for termination and give the Contractor thirty (30) days, or such greater amount of time as the Authorized Representative may specify, to correct such violations or to present facts and arguments to refute the alleged violation. If the Authorized Representative then concludes that there is a basis for termination, he shall notify the Contractor thereof If within the designated time the Contractor does not remedy and/or put an end to the alleged violation, the City's City Council, after a public hearing where all interested parties may be heard, may suspend or revoke the Franchise under this Agreement, without penalty, if it determines that such action is warranted. The Contractor shall not be held in default nor suffer any penalties where non-compliance or default is caused by an event beyond the Contractor's control, as stated in Section 14.2. 15.0 Regulatory Authority. 15.1 Authority. The City reserves the right to exercise the maximum authority, as may be lawfully permissible, to regulate the collection and disposal services and any other solid waste services, granted hereunder. Should applicable legislative, judicial or regulatory authorities at any time permit regulation not presently permitted to the City, the City may without the approval of the Contractor engage in any such additional regulation as may then be permissible, whether or not contemplated by this Agreement or the City Code, including without limitation, regulation regarding franchise fees, taxes, programming, rates charged to customers, consumer protection, or any other similar or dissimilar matter. The City agrees to meet and confer with the Contractor prior to enacting new regulatory ordinances. 15.2 Right of Inspection. The City shall have the right to inspect in the accompaniment of a representative of the Contractor all collection and disposal Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 31 of 44 Attachment "A" to Ordinance No. 13-2014 services performed subject to the provisions of this Agreement and equipment used by Contractor, and to make such tests as it finds necessary to ensure compliance with the terms of this Agreement, the City Code and any other applicable provisions of local, state or federal law. 15.3 City Regulation. To the extent that any federal, state law or regulation may now, or as the same may hereafter be amended by legislation, administrative regulation, of decision, or judicial determination, authorize the City to regulate the rates for any particular service tiers, service packages, equipment, or any other services provided by Contractor, the City shall have the right to exercise rate regulation to the full extent authorized by law, or to refrain from exercising such regulation for any period of time, at its sole discretion. The City shall provide advance notification to the Contractor of its intention to exercise any such regulation and written notification when such ordinance is adopted. Failure to so provide advance notification to the Contractor or written notification when such ordinance is adopted shall not be a basis upon which to declare this Agreement in breach or to invalidate the ordinance. 15.4 City Health and Sanitation Regulations. Without limitation on the authority granted City above; City reserves the unconditional right to adopt by ordinance additional health and sanitation regulations which apply to the collection and disposal of solid waste, bio hazardous waste, biological waste, construction and demolition debris, hazardous waste, sludge, special waste and all other kinds of waste. To the extent determined by the City, these regulations shall be codified in Chapter 62 of the City Code. Contractor shall fully comply with these regulations as applicable to the collection and disposal services provided under this Agreement and said regulations shall be deemed to be fully incorporated herein by this reference. In the event any provision of this Agreement is in conflict with any provision of the additional City health and sanitation regulations, the provisions contained in this Agreement shall prevail. 16.0 Liability and Insurance. 16.1 Certificate of Insurance. Prior to the effective date of this Agreement and thereafter continuously throughout the duration of the Agreement and any extensions or renewals thereof, Contractor shall furnish the City, certificates of insurance and endorsements, in a form approved by the City, for all types of insurance required under this section. Failure to furnish said certificates of insurance and endorsements in a timely manner shall constitute material breach of this Agreement. 16.2 No Liability Limit. Neither the provisions of this Section or any damages recovered by the City hereunder, shall be construed to limit the liability of Contractor for damages under this Agreement. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 32 of 44 Attachment "A" to Ordinance No. 13-2014 16.3 Endorsement. All insurance policies maintained pursuant to this Agreement shall contain an endorsement in substantially the following form: It is hereby understood and agreed that this insurance policy may not be modified or canceled by the insurance company nor the intention not to renew be stated by the insurance company until thirty (30) Days after receipt by the City of Cape Canaveral City Manager by certified mail, of a written notice of such intention to cancel or not to renew. 16.4 State Institution. All insurance policies provided pursuant to this Agreement shall be written by companies authorized by the Florida Insurance Commissioner to do business in the State of Florida as an insurance company. The insurance company shall have a Best Insurance rating of A or better, unless otherwise approved by the Authorized Representative. 16.5 Named Insured. The City shall be an additional named insured for all insurance policies written pursuant to this Agreement, as the City's interests may appear from time to time. 16.6 Changes in Policy Limits. To offset the effects of inflation and to reflect changing liability limits, all of the coverage, limits, and amounts of the insurance provided for herein are subject to reasonable increases at the end of every two (2) year period of this Agreement, applicable to the next two (2) year period or termination date of this Agreement (whichever occurs first), at the City's discretion, but not to exceed the coverage, limits, and amounts of insurance the City requires of other contractors transacting business with the City. 16.7 Commercial General Liability Insurance. Contractor shall maintain throughout the term of this Agreement, general liability insurance insuring Contractor in the minimum of: A. $1,000,000 for property damage single limit; and B. $1,000,000 single limit liability for personal bodily injury or death to any one person. C. $2,000,000 aggregate liability and excess liability $5,000,000 each occurrence. 16.8 Automobile Liability Insurance. Contractor shall maintain throughout the term of the Agreement, automobile liability insurance for owned, non-owned, or rented vehicles in the minimum amount of: Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 33 of 44 Attachment "A" to Ordinance No. 13-2014 A. $1,000,000 single limit liability for bodily injury and consequent death per occurrence; and B. $1,000,000 for property damage per occurrence. 16.9 Workers' Compensation. Contractor shall maintain throughout the term of the Agreement, workers' compensation at least to the minimum amount of the statutory limit for workers' compensation, as amended from time to time. 17.0 Indemnification and Hold Harmless. For all collection and disposal services performed by Contractor pursuant to this Agreement, Contractor agrees to the fullest extent permitted by law, to indemnify and hold harmless the City, its council members, attorneys, employees, officers, and agents from and against all claims, losses, damages, personal injuries (including but not limited to death), or liability (including reasonable attorney's fees through any and all administrative, pre-trial, trial, post judgment, appellate proceedings), directly or indirectly arising from: (i) the acts, errors, omissions, intentional or otherwise, arising out of or resulting from Contractor's or its subcontractors, or agents performance of the collection and disposal services pursuant to this Agreement; (ii) defaults under this Agreement; (iii) failing to properly train employees under Contractor's control or direction; and (iv) failing to properly equip or hire employees under Contractor's control or direction in the performance of the collection and disposal services under this Agreement. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at the option of the City, as the case may be, of any and all claims of liability and all suits and actions of every name and description that may be brought against the City, its council members, attorneys, employees, officers and/or agents which may result from the collection and disposal services under this Agreement whether the collection and disposal services be performed by the Contractor, its subcontractors, or anyone directly or indirectly employed by them. In all events the City shall be permitted to choose legal counsel of its sole choice, the attorney fees for which shall be subject to and included with this indemnification provided herein, as long as said fees are no greater than at a rate deemed reasonable at the time indemnification is required. The City agrees to be responsible for the City's own negligent acts and omissions. 18.0 Interference with Persons Public and Private Property and Utilities. Contractor's collection equipment and personnel used in performing the collection and disposal services hereunder shall: A. Not endanger or interfere with the health, safety or lives of persons; B. Not interfere with any improvements which the City, county, state, and federal government may deem proper to make; C. Not interfere with the free and proper use of public rights-of-way, alleys, bridges, easements or other public property, except to the minimum extent possible during actual collection and disposal services being provided hereunder; Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 34 of 44 Attachment "A" to Ordinance No. 13-2014 D Not interfere with the rights and reasonable convenience of private property owners, except to the minimum extent possible during actual collection and disposal services being provided hereunder; and E. Not obstruct, hinder or interfere with any gas, electric, water, wastewater, reclaimed water, storm water drainage, telephone, cable or other utility facilities located within the service area. 19.0 Books and Records Available to City, Ouarterly Report. 19.1 Records. In accordance with section 119.0701, Florida Statutes, Contractor agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Contractor agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Contractor also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Contractor shall also ensure that public records that are exempt or confidential and exempt from the public records disclosure requirements are not disclosed except as authorized by law. In addition, Contractor shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Contractor fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and/or damages for violating the provisions of Chapter 119, Florida Statutes due to Contractor's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Contractor prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Contractor. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Contractor's failure to comply with the provisions of this Paragraph. This Paragraph shall survive the termination of this Agreement. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 35 of 44 Attachment "A" to Ordinance No. 13-2014 19.2 Review. For records not constituting a public record under Chapter 119, Florida Statutes, Contractor shall permit, during Contractor's normal business hours, the Authorized Representative to examine, at the City's discretion, any and all maps and other records kept or maintained by the Contractor or under its control concerning the operations, affairs, transactions or property of Contractor relative to the collection and disposal services provided under this Agreement. The examination shall take place at Contractor's office. 19.3 Reports to be Filed. The following reports shall be provided to the City: A. A monthly customer report sorted alphabetically by address, in a format approved by the City which lists the customer's address and name, type, quantity, frequency, size, of the container picked up from the customer, and a description of the kind of service provided customer. B. A monthly report of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. 19.4 Mandatory Records. The Contractor shall at all times maintain: A. A record of all complaints received and interruptions, disruptions, or degradation of collection and disposal services for the preceding year prior to the annual performance evaluation by the City. B. A full and complete document(s) describing the rates, schedules, and routes for the collection and disposal services. C. A record of all customers, and fees received from them by Contractor, for collection and disposal services not billed by the City, if any. D. Contractor shall maintain an online web-based customer complaint tracking system at no additional expense to the City. Contractor shall provide the City with electronic access to the tracking system so the City can freely review the complaints filed in the system. E. Contractor shall reimburse the City on a monthly basis for the City's expenses incurred under the Municipal Tracking System Trac EZ User Agreement. Said amount shall be deducted from the amount owed Contractor by the City each month. 19.5 Other Records. The City may impose reasonable requests for additional information, records and documents from time to time, and the Contractor shall produce said records within a reasonable amount of time, so long as such request relates to the City's enforcement abilities under this Agreement or the Code. Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 36 of 44 Attachment "A" to Ordinance No. 13-2014 20.0 Preferential or Discriminatory Practices Prohibited. All collection and disposal services rendered and all rules and regulations adopted by Contractor shall have general application to all persons and shall not subject any person to prejudice or disadvantage on account of race, gender, religion, origin, or ethnicity. Contractor shall not deny service to any group of potential customers within the City because of the income of the customers within the service area. Contractor shall not charge customers different rates for service of the same class or type. However, this paragraph is not intended to restrict Contractor from offering reasonable discounts to senior citizens or other economically disadvantaged groups in accordance with any local, state, or federal law. 21.0 Storms; Hurricanes; Natural Disasters; Calamities. In the event a major storm, hurricane, natural disaster, or any other type of major or serious calamity ("calamity") causes an excessive amount of refuse, vegetative waste, bulk trash, or other excessive debris ("debris") to accumulate on streets, alleys, bridges, and on private and/or public property, Contractor shall collect such debris at the City's written request. City agrees to pay Contractor for such additional service in an amount mutually agreed upon in writing by the City and Contractor. Contractor acknowledges and agrees that collection and disposal services performed after a calamity may be subject to special procedures in order that the City can receive reimbursement from state and federal agencies like FEMA. In such cases, Contractor shall be fully responsible and liable for complying with all such procedures and shall also indemnify and hold harmless the City in the event Contractor fails to comply with said procedures. Nothing in this Agreement shall exclude or prohibit the City or any other contractors from collecting and disposing of such debris caused by a major or serious calamity. The City has a continuing Interlocal Agreement with Brevard County for Disaster Debris Removal. Upon notification that Brevard County has been declared a federal disaster area by the President of the United States, Brevard County, shall coordinate the collection of disaster related debris through the City's and County's franchised solid waste collectors on behalf of the City. The City shall negotiate with the Contractor for any expenditure(s) for debris clean up not reimbursed by Federal Emergency Management Agency and the State of Florida. 21.1 Additional Activation Assets. Contractor shall provide additional activation assets that can be used to timely and adequately respond to debris and solid waste removal during disasters. 22.0 Miscellaneous Provisions. 22.1 Independent Contractor. Contractor is an independent contractor and nothing in this Agreement is intended nor shall be construed to create an employer /employee relationship, a joint venture relationship, a partnership relationship, or to allow the City to exercise control or direction over the manner or method by which Contractor performs the collection and disposal services which are the subject matter of this Agreement. Contractor understands and agrees that: (i) the City will not withhold on behalf of Contractor pursuant to this Agreement any sums for payment of income tax, unemployment insurance, social security or any other withholding; (ii) all such payments, withholdings and taxes are the Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 37 of 44 Attachment "A" to Ordinance No. 13-2014 sole responsibility of Contractor; and (iii) Contractor will indemnify and hold the City, its city council members, attorneys, employees, officers, and/or agents harmless from and against any and all loss or liability arising with respect to such payments, withholdings, or taxes, including, but not limited to reasonable attorney's fees through any and all administrative, pre-trial, trial, post-trial judgment, and appellate proceedings. The parties hereto agree that both Contractor and the City shall have the right to participate in any discussion or negotiation with the Internal Revenue Service concerning Contractor's independent contractor status regardless of with whom or by whom such discussions or negotiations are initiated. In the event that any applicable government agency determines that Contractor is an employee of the City and the City is required to pay any additional amount to any governmental authority based upon Contractor being reclassified an employee of the City, Contractor hereby covenants and agrees to reimburse immediately the City for any such amount paid to any such governmental authority and the costs and expenses associated with defending the City including, but not limited to, reasonable attorney's fees. In the event that Contractor is reclassified as an employee and becomes eligible for a refund of any taxes paid to any governmental agency including, but not limited to, a claim for refund of self-employment taxes, then Contractor hereby covenants and agrees to pursue any such refund and assign to the City the proceeds from any such refund. 22.2 No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other. 22.3 Entire Agreement. This Agreement represents the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and supersedes all prior oral negotiations and written agreements between the parties. This Agreement may be amended, supplemented, modified, or changed only by a written instrument agreeing to said amendment, supplementation, modification, or change in the terms hereof by the parties. 22.4 Notices. Any notice, request, instruction, or other document to be given as part of this Agreement shall be in writing and shall be deemed served when either delivered in person to the following designated agents or received by registered or certified United States mail, return receipt requested, postage prepaid, or received by facsimile, addressed as follows: TO THE CITY: City Manager City of Cape Canaveral 105 Polk Avenue (P.O. Box 326) Cape Canaveral, FL 32920 Ph: 321 -868 -1220 Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 38 of 44 Attachment "A" to Ordinance No. 13-2014 TO THE CITY ATTORNEY: Brown, Garganese, Weiss and D'Agresta, P.A. P.O. Box 2873 Orlando, FL 32802-2873 Ph: 407-425-9566 TO THE CONTRACTOR: Regional Vice President Waste Pro of Florida, Inc. 3705 St. Johns Pkwy Sanford, Florida 32771 Ph: 407-774-0800 Either party may change the aforementioned designated agents at any time by providing written notice of such change to the other party. 22.5 Captions. Captions to sections throughout this Agreement are solely to facilitate the reading and reference to the sections and provisions of the Agreement. Such captions shall not affect the meaning or interpretation of the Agreement. 22.6 Severability. If any section, subsection, sentence, clause, phrase, or portion of this Agreement is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision. Such holding shall not affect the validity of the remaining portions of this Agreement, unless the City determines that the portions remaining (without the severed portions) have an adverse effect on the best interests of City, then City shall have the right to terminate this Agreement. 22.7 City's Rights of Intervention. Contractor agrees not to oppose intervention by the City in any suit or proceeding to which Contractor is a party, concerning or involving this Agreement and the City's rights under this Agreement. 22.8 Attorney's Fees. In the event of litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all its reasonable expenses, including attorney's fees, costs, and other expenses reasonably and necessarily incurred, through all administrative, pre-trial, trial, post judgment, and appellate proceedings. 22.9 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be considered an original agreement; but such counterparts shall together constitute but one and the same instrument. 22.10 Waiver. Failure of the City to insist upon performance within any time period or upon a proper level of service shall not act as a waiver of the City's right to later claim a failure to perform on the part of Contractor. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 39 of 44 Attachment "A" to Ordinance No. 13-2014 22.11 Jurisdiction; Venue. This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 23.0 Effective Date/Term. 23.1 Effective Date. The effective date of the Contract shall be October 1, 2014. 23.2 Term. The term of this Agreement shall be from October 1, 2014 to September 30, 2019 subject to an annual evaluation by the City under paragraph 9.0 herein and termination as provided for in paragraph 14.0 herein. The term of this Agreement may be extended pursuant to paragraph 23.3 herein. 23.3 Renewal. This Agreement shall be renewed for additional five (5) years terms by mutual agreement of the parties unless either party provides notice of non- intent at least 180 days prior to expiration of the Agreement or renewal thereof. 24.0 Disruption in Collection and Disposal Services. In the event a disruption (e.g. strike, labor stoppage, collection equipment in disrepair) causes Contractor to fall one week or more behind in its collection schedule, City may, at its option, cause the collection and disposal services to be performed by any means available to City. Such means may include, but not be limited to, City taking over and operating the collection equipment used in the performance of this Agreement until such time Contractor can perform the collection and disposal services and/or City contracting with a third party to perform the collection and disposal services. Any cost incurred by City in exercising this option shall be charged against Contractor and the performance bond or alternative letter of credit furnished by Contractor under this Agreement. The foregoing option shall only be exercised by a majority vote of the City's City Council after the City Council has declared that the disruption has caused an emergency to arise within the service area that adversely effects the public health, safety, and welfare. 25.0 Administrative Charges. Should the Contractor commit any of the breaches described herein in Contractor's obligations under this Contact, the City shall be entitled to assess against the Contractor the amounts listed below, not as a penalty but as administrative charges. The City will be entitled to offset any administrative charges assessed against the monthly fee otherwise due to Contractor hereunder or alternatively to collect such damages from the performance bond. Each complaint shall be considered legitimate, unless satisfactory evidence to the contrary is furnished to the Authorized Representative by the Contractor. The decision of the Authorized Representative shall be final. On-site inspection will be provided by the City to determine the legitimacy of disputed complaints. Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 40 of 44 Attachment "A" to Ordinance No. 13-2014 This provision shall not limit other contract claims or remedies that the City may have against the Contractor under this Contract. 25.1 Opportunity for Cure Not Required. The following administrative charges may be assessed without the need to give the Contractor the opportunity to cure: A. Failure to collect missed customers by 7:00 P. M. the same day when given notice before noon, or by 12:00 noon the following day when given notice between 12:00 noon and 5:00 P. M.: $50 per incident, a maximum of$300 Per truck per day. B. Un-handled complaints over 20 in a single month: $50 per incident including the first 20. C. Failure to replace damaged container within five days for commercial customers and 72 hours for residential customers: $50 per incident. D. Failure to repair damage to customer's property within seven days: $100 per incident. E. Equipment operator not properly licensed: $250 per incident. F. Failure to comply with the current schedules: $125 per incident. G. Failure to complete a route on the regular pick-up day: $125 per day for each route not completed. H. Failure to provide proper notification prior to residential route changes: $125 per day, per route not notified. I. Causing skid marks or spillage marks on roadways, private driveways, or any thoroughfare within the service area: $75 per incident. J. Causing hydraulic spills or leaks as well as any other fluids having potential to damage or stain asphalt, concrete, or other roadway surfaces: $250 per incident. K. Failure to clean spillage caused from residential or commercial route vehicles leaking from collected garbage: $150 per incident 25.2. Opportunity for Cure Required. The following administrative charges may be assessed only (i) after the City has given Contractor notice and a reasonable opportunity to cure, or (ii) where the violation is a repeat violation (i.e., Contractor has previously failed the specific item listed at least once within the past 12 months and the City has previously provided Contractor notice of such failure): Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 41 of 44 Attachment "A" to Ordinance No. 13-2014 A. Failure to maintain office hours as required: $100 per incident. B. Failure to provide documents and reports in a timely and accurate manner as per agreement: $50 per incident. C. Failure to cover materials, if appropriate, on all collection vehicles: $100 per incident. D. Failure to comply with requested employee roster, proper uniforms, and employee identification and safety equipment as per agreement: $150 per incident. E. Failure to close gates on dumpster enclosures as well as container lids and locking all locks on commercial customer locations: $75 per incident. F. Failure to follow established reporting operation or administrative procedures: $150 per incident. G. Failure to provide monthly tonnage and recycling data reports: $250 per incident. H. Loaded vehicles left standing on street unnecessarily: $150 per incident. I. Failure to drive in the proper direction: $100 per incident. J. Commingling solid waste with vegetative waste, recyclable materials, C & D materials or other waste material: $250 per incident. K. Failure to report recycling activity monthly in the format determined by the Contractor, for the purpose of tracking and verifying City wide recycling activity: $100 per incident. 26.0 Contractor's Representative. Contractor shall designate an individual to act as a representative for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. This person shall be Contractor's contract administrator. Initially, the person who shall act as the representative for Contractor with respect to this Agreement shall be Tim Dolan, District Manager. Contractor may from time to time designate other individuals or delete individual's with the authority to act for Contractor under this Agreement with the authority to transmit instructions, receive information, and make or interpret Contractor's decisions. All deletions or designation of individuals to serve as a representative shall be given by written notice. 27.0 Time of the Essence. Contractor acknowledges and agrees that time is of the essence for the completion of the collection and disposal services to be performed under this Solid Waste Agreement City of Cape Canaveral /Waste Pro of Florida, Inc. Page 42 of 44 Attachment "A" to Ordinance No. 13-2014 Agreement. Unless otherwise extended in writing by the City, Contractor agrees to complete the collection and disposal services as required by this Agreement. 28.0 Sovereign Immunity. Nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under Section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. 29.0 Title to Refuse. The City shall have the right and title to all refuse, including recycling, set out for collection. Once collected by Contractor, ownership of all refuse, including recycling, collected under this Agreement shall transfer to the Contractor. 30.0 Public Awareness Campaign. 30.1 General. Contractor agrees to provide, and assist the City in conducting, a public awareness campaign to promote the collection, disposal and recycling services provided under this Agreement. All materials and publications used by Contractor shall be reviewed by the City and approved by the Authorized Representative. All materials and publications used by the City shall be reviewed by Contractor and approved by Contractor's representative. 30.2 Contractor shall provide $2,000.00 to the City, each year on October 1st, for public awareness of the City's recycling program. Said amount shall increase by 2.5% each year during the Agreement term and any extensions thereof. 30.3 Contractor shall maintain membership in Keep Brevard Beautiful during the entire term of the Solid Waste Agreement. 30.4 Contractor and City will conduct a joint marketing program for small business recycling. Contractor agrees to tailor its services to meet the individual needs of a business. If traditional recycling programs for multi-family recycling customers are not deemed acceptable to the customers and the City, Contractor will design a recycling option that works for the City and its multi-family recycling customers. Attest: City of Cape Canaveral, Florida A Florida municipal corporation Angela A. Apperson, City Clerk Rocky Randels, Mayor City Seal (Embossed) Solid Waste Agreement of Cape Canaveral/Waste Pro of Florida, Inc. Page 43 of 44 Attachment "A"to Ordinance No. 13-2014 Contractor: Waste Pro of Florida, Inc. Witness: Print Name Richard Meinert Print Name: Tim Dolan Regional Vice President Corporate Seal (Embossed Seal) Solid Waste Agreement City of Cape Canaveral/Waste Pro of Florida, Inc. Page 44 of 44 Exhibit "A" to Solid Waste Franchise Agreement City of Cape Canaveral Solid Waste Rate Schedule Services billed by the City Monthly Fee User Category Code Effective Jan 2015 Single Family - CART, vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. SFR1 $9.75 Mobile Home - CART, vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. MHR2 $9.75 Multi - Family - vegetative waste, Bulk, single stream recycling service and weekly clam truck vegetative waste pick up. RCCM $2.95 Commercial CART service CANS $11.91 Commercial single stream recycling cart service CSSR $1.94 Monthly Container (dumpster) yards $29.08 Cubic yard rate See $3.36 Extra pick-up container yards Page 2 $4.38 Wheels & Lock Bars (dumpsters only) WHEE $38.76 Description of Services Billed by Contractor Roll off container 20, 30 & 40 yard open top per pull $177.20 Roll off compactors 15, 20, 30 & 40 yard monthly rate $498.39 Compactor per pull charge 15, 20, 30 & 40 yard per pull $177.20 Delivery charge for all roll off type containers $83.07 Vegetative Waste Special Pick up (use of cherry picker, claw or clam truck) Full truck per pick up - more than 10 cubic yards $132.90 1/2 truck per pick up - less than 10 cubic yards $66.45 Commercial Recycling Dumpsters Market Rates Page 1 of 2 Exhibit "A" to Solid Waste Franchise Agreement City of Cape Canaveral Solid Waste Rate Schedule Rate Size of Dumpster/ Frequency of Pick Up Code Jan 2015 DUMPSTER 2 C 2 PU GX22 $58.15 DUMPSTER 2 CU 3 PU GX23 $96.07 DUMPSTER 2 CU 4 PU GX24 $133.98 DUMPSTER 2 CU 5 PU GX25 $171.90 DUMPSTER 2 CU 6 PU GX26 $209.82 DUMPSTER 3 CU 2 PU GX32 $87.23 DUMPSTER 3 CU 3 PU GX33 $144.10 DUMPSTER 3CU 4 PU GX34 $200.98 DUMPSTER 3 CU 5 PU GX35 $257.85 DUMPSTER 3CU 6 PU GX36 $314.73 DUMPSTER 4 CU 2 PU GX42 $116.31 DUMPSTER 4 CU 3 PU GX43 $192.14 DUMPSTER 4 CU 4 PU GX44 $267.97 DUMPSTER 4 CU 5 PU GX45 $343.80 DUMPSTER 4 CU 6 PU GX46 $419.63 DUMPSTER 6 CU 2 PU GX62 $174.46 DUMPSTER 6 CU 3 PU GX63 $288.21 DUMPSTER 6 CU 4 PU GX64 $401.95 DUMPSTER 6 CU 5 PU GX65 $515.70 DUMPSTER 6 CU 6 PU GX66 $629.45 DUMPSTER 8,CU 2 PU GX82 $232.61 DUMPSTER 8 C 3 PU GX83 $384.27 DUMPSTER 8 CU 4 PU GX84 $535.94 DUMPSTER 8 C 5 PU GX85 $687.60 DUMPSTER 8 CU 6 PU GX86 $839.27 Page 2 of 2 Exhibit "B" to Solid Waste Franchise Agreement City Controlled Property The list of services outlined in this exhibit will be provided to the City free of charge. This list will be updated as permanent facilities are added to the City facilities. Temporary construction projects are not included in this list. Commercial Service,Solid Waste and Recycling Facility Location Size Frequency Qty Recycling Additional Information Police Precinct 111 Polk Ave 4 yard 2xWeek 1 Yes City Hall 105 Polk Ave N/A N/A N/A Yes City Library 201 Polk Ave 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 2 yard 2xWeek 1 Yes Public Works 601 Thurm Blvd 30 yard OT As Needed 1 N/A Solid Waste Public Works 601 Thurm Blvd 30 yard OT As Needed 2 N/A Yard Waste Public Works 601 Thurm Blvd 15 yard OT As Needed 1 N/A Metal Fire Department 190 Jackson Ave 2 yard 2xWeek 1 Yes Manatee Park 701 Thurm Blvd 2 yard 2xWeek 1 Yes Leisure Services 7300 N.Atlantic N/A N/A N/A Yes Youth Center 7920 Orange Ave 96 gal 2xWeek 2 Yes Beachend Crossovers and Bus Stops-Solid Waste and Recycling Facility Location Size Frequency Qty Recycling Additional Information Johnson Ave 96 gal 6xWeek 2 Yes Lincoln Ave 96 gal 6xWeek 2 Yes Buchanan Ave 96 gal 6xWeek 2 Yes Pierce Ave 96 gal 6xWeek 2 Yes Fillmore Ave 96 gal 6xWeek 2 Yes Taylor Ave 96 gal 6xWeek 2 Yes Polk Ave 96 gal 6xWeek 2 Yes Tyler Ave 96 gal 6xWeek 2 Yes Harrison Ave 96 gal 6xWeek 2 Yes Jackson Ave 96 gal 6xWeek 2 Yes Monroe Ave 96 gal 6xWeek 2 Yes Madison Ave 96 gal 6xWeek 2 Yes Jefferson Ave 96 gal 6xWeek 2 Yes Adams Ave 96 gal 6xWeek 2 Yes Washington Ave 96 gal 6xWeek 2 Yes Canaveral Sands 96 gal 6xWeek 2 Yes Harbor Heights 96 gal 6xWeek 2 Yes All Public Transportation Bus Stop locations currently in place and any future Bus Stop locations added by the City will be emptied six(6)times a week. It will be the City's responsibility to notify Contractor of additional locations. City Sponsored SPECIAL EVENTS(Shall include trash and recycling carts) Friday Fest Taylor/Poinsetta Ayes 1st Friday of Each Month Space Coast Music Festival Manatee Park September Annually Heritage Day/ Spring Festival Manatee Park March Annually Reindeer Run Cherie Down Park December Annually Page 1 of 2 Exhibit"B" to Solid Waste Franchise Agreement City Controlled Property All Public City Trash and Recycling locations currently in place and any future locations added by the City will be emptied two(2)times a week. It will be the City's responsibility to notify Contractor of additional locations. Below is the list: Facility Location Size Frequency Qty Recycling Additional Information Center St Park Center St on River Can 2xWeek 1 Yes W.Central Blvd Ditch w/Bench Can 2xWeek 1 No W.Central Blvd West of N.Atlantic Can 2xWeek 1 No N Atlantic Ave Across from 8580 Can 2xWeek 1 No Washington Ave Across from 217 Can 2xWeek 1 No Washington Ave Across from 313 Can 2xWeek 1 No Basketball Court 7920 Orange Ave Can 2xWeek 2 No Large Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes Small Baseball Field 7920 Orange Ave Can 2xWeek 5 Yes SandPiper Park Magnolia & Harrison Can 2xWeek 4 Yes Veterans Memorial Park Polk&Orange Can 2xWeek 2 No Xerscape Park Taylor Ave Can 2xWeek 3 No Recreation Complex 7300 Taylor Ave Can 2xWeek 6 Yes Patriots Park Long Point&Sunset Can 2xWeek 2 No Manatee Sanctuary Park 701 Thurm Blvd Can 2xWeek 8 Yes Banana River Park 901 River Park Drive Can 2xWeek 2 No Page 2 of 2 [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 6 Subject: Resolution No. 2019-02; adopting the City of Cape Canaveral,Florida Wastewater and Stormwater Facilities Plan; authorizing the submittal of the Plan to the Florida Department of Environmental Protection; providing for the repeal of prior inconsistent resolutions, severability and an effective date. Department: Capital Projects Summary: As part of the requirements of the State Revolving Fund (SRF) Program administered by Florida Department of Environmental Protection (FDEP), the City of Cape Canaveral (City) is required to prepare and submit a Facilities Plan (Plan) for review and comment. The Plan includes background information, project descriptions and estimated costs for the potential completion of nine (9) wastewater and stormwater improvement projects. As the City elected to submit an SRF Loan Application to FDEP, Mead&Hunt, Inc. was consulted to prepare a Plan. Potential projects included in the Plan are as follows: • Intermediate Lift Station rehab at the wastewater treatment plant(WWTP); • SCADA System improvements at the WWTP and lift stations throughout the City; • Lift Station No. 3 rehab (West Central Blvd at the Central Ditch); • Force Main No. 7 replacement(adjacent to Manatee Sanctuary Park); • Effluent/Influent Disk/Drum Filters installation at the WWTP; • Pump and SO2 Buildings construction at the WWTP; • Lift Station No. 8 rehab (Thurm Blvd); • Lift Station No. 5 relocation (Treasure Island Condominiums); and • Stormwater Park(wet detention pond) along Center Street. Upon approval by the City Council, the City of Cape Canaveral, Florida Wastewater and Stormwater Facilities Plan dated February 2019 will be submitted to FDEP for review and comment. If the City's SRF Loan Application is approved by FDEP, preconstruction moneys for engineering fees and other preliminary tasks will be available to the City in mid-to-late 2019. A Construction Loan Application will then be submitted to obtain construction project funds upon completion of engineering design. A copy of Resolution No. 2019-02 (w/Facilities Plan) is included as Attachment #1; a memorandum from the Finance Director detailing City Loan/Debt Status is included as Attachment #2; and a Notice of Hearing was advertised in Florida Today on March 7, 2019. Submitting Department Director: Jeff Ratliff Date: 3/11/19 Attachments: #1 -Resolution No. 2019-02 (w/Exhibit A) #2— City Loan/Debt Status Memorandum Financial Impact: $19,905 was approved in 2018 to prepare the Wastewater and Stormwater Facilities Plan; approval is required by FDEP and the preparation cost will be recovered in the pre-construction loan proceeds; Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/11/19 The City Manager recommends that City Council take the following action: Adopt Resolution No. 2019-02. Approved by City Manager: David L. Greene Date: 3/8/19 Attachment 1 RESOLUTION NO. 2019-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING THE CITY OF CAPE CANAVERAL, FLORIDA WASTEWATER AND STORMWATER FACILITIES PLAN; AUTHORIZING THE SUBMITTAL OF THE PLAN TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral has consulted with Mead & Hunt, Inc. in the preparation of the City of Cape Canaveral, Florida Wastewater and Stormwater Facilities Plan, dated February 2019 (Plan); and WHEREAS,the City has determined that the projects recommended in the Plan are in the best interests of its citizens; and WHEREAS, in furtherance of the City of Cape Canaveral seeking funding from the Florida Department of Environmental Protection (FDEP) under its State Revolving Fund (SRF) Program to fund improvements for the benefit of its citizens, the City of Cape Canaveral desires to formally adopt the recommendations in the Plan, inclusive of the Capital Financing Plan contained therein; and WHEREAS,the City Council of the City of Cape Canaveral finds this Resolution to be in the best interests of the health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida: Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are incorporated by reference herein. Section 2. Adoption of the City of Cape Canaveral,Florida Wastewater and Stormwater Facilities Plan. The City Council of the City of Cape Canaveral hereby approves and adopts the Plan, prepared by Mead & Hunt, Inc., dated February 2019 ("Plan"), and said Plan is attached hereto as Exhibit "A" and incorporated herein by this reference. The Plan is available for public inspection during regular business hours at Cape Canaveral City Hall. Section 3. Authorization to Submit the Plan to FDEP. The City Council of the City of Cape Canaveral hereby expressly authorizes City staff to submit the Plan to the FDEP. Section 4. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 5. Severability. If any section, subsection, sentence, clause,phrase,word, or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent City of Cape Canaveral Resolution No. 2019-02 Page 1 of 2 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 6. Effective Date. This Resolution shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this 19th day of March, 2019. Bob Hoog, Mayor ATTEST: Name For Against Mia Goforth, CMC Mike Brown City Clerk Bob Hoog Wes Morrison Approved as to legal form and sufficiency For the City of Cape Canaveral only by: Rocky Randels Angela Raymond Anthony A. Garganese, City Attorney City of Cape Canaveral Resolution No. 2019-02 Page 2 of 2 Resolution No. 2019-02 Exhibit "A" CITY OF CAPE CANAVERAL, FLORIDA WASTEWATER AND STORMWATER FACILITIES PLAN (City Seal) CITY OF CAPE CANAVERAL Prepared By: Mead&Hunt 4401 Eastport Parkway Port Orange, Fl. 32127 February 2019 TABLE OF CONTENTS TABLE OF CONTENTS i EXECUTIVE SUMMARY 4 1.0 INTRODUCTION 7 1.1 Background 7 1.2 Purpose 7 1.3 Demographics 7 1.4 Section Contents 9 2.0 SERVICE AREA IMPACTS AND POPULATION PROJECTIONS 10 2.1 Climate 10 2.2 Topography, Hydrology and Hydrogeology 10 2.3 Plant and Animal Communities 11 2.4 Wetlands and Floodplain 13 2.5 Archeological and Historical Sites 15 2.6 Historical Population 17 2.7 Service Area 17 2.7.1 Land Use 17 2.7.2 Population and Flows 20 3.0 EXISTING WASTEWATER AND STORMWATER SYSTEM 22 3.1 Wastewater System 22 3.2 Wastewater Treatment System 25 3.2.1 Preliminary Treatment 25 3.2.2 Secondary Treatment 25 3.2.3 Intermediate Lift Station 26 3.2.4 Secondary Clarifiers 26 3.2.5 RAW/WAS Pumps 26 3.2.6 Tertiary Filtration 26 3.2.7 Disinfection 27 3.2.8 Effluent Wetwell 27 3.2.9 De-chlorination 27 3.2.10 Effluent Pump Station, Reclaimed, and Reject Water Storage Tank 27 3.2.11 Sludge Holding Tank 27 3.2.12 Belt Filter Press 27 3.2.13 Goals and Objectives 28 i 3.3 Stormwater System 28 4.0 ALTERNATIVES ANALYSIS 29 4.1 General 29 4.2 Intermediate Lift Station Improvements 31 4.2.1 Alternative 1— No Action 31 4.2.2 Alternative 2— Install Engine Driven Bypass Pump 31 4.2.3 Alternative 3— Improve Backup Controls System and Redundancy 32 4.2.4 Comparative & Cost Analysis 32 4.3 Influent Structure and Screen Improvements 33 4.3.1 Alternative 1— No Action 33 4.3.2 Alternative 2— Replace with Drum Screen 33 4.3.3 Alternative 3— Replace with Stair Screen 34 4.3.4 Comparative & Cost Analysis 34 4.4 Tertiary Filter Improvements 35 4.4.1 Alternative 1— No Action 35 4.4.2 Alternative 2—Replace Sand Filters with Disk Filters 36 4.4.3 Alternative 3—Rehabilitate Existing Sand Media Filters 36 4.4.4 Comparative & Cost Analysis 37 4.5 Lift Station No. 3 Improvements 37 4.5.1 Alternative 1— No Action 38 4.5.2 Alternative 2— Rehabilitate Existing Lift Station No. 3 38 4.5.3 Alternative 3— Remove and Replace Existing Lift Station No. 3 38 4.5.4 Comparative & Cost Analysis 39 4.6 Lift Station No. 5 Improvements 39 4.6.1 Alternative 1— No Action 39 4.6.2 Alternative 2— Rehabilitate Existing Lift Station 40 4.6.3 Alternative 3—Construct New Lift Station 40 4.6.4 Comparative & Cost Analysis 41 4.7 Lift Station No. 8 Improvements 41 4.7.1 Alternative 1— No Action 42 4.7.2 Alternative 2— Rehabilitate Existing Lift Station No. 8 42 4.7.3 Alternative 3—Total Replacement 43 4.7.4 Comparative & Cost Analysis 44 4.8 WRF SCADA System Improvements 44 4.8.1 Alternative 1— No Action 44 4.8.2 Alternative 2— Replace Entire System with New Software and Controls 44 4.8.3 Alternative 3— Replace Portion and Upgrade Remainder of System 45 ii 4.8.4 Comparative & Cost Analysis 45 4.9 Construct Pump and SO2 Buildings 46 4.9.1 Alternative 1— No Action 48 4.9.2 Alternative 2—Construct Concrete Block Site Built Buildings 48 4.9.3 Alternative 3—Construct Prefabricated Aluminum Structures 48 4.9.4 Comparative & Cost Analysis 49 4.10 Lift Station No. 7 Force Main 49 4.10.1 Alternative 1— No Action 49 4.10.2 Alternative 2— Replace Force Main with In-Situ Method 49 4.10.3 Alternative 3— Replace Main with Open-Cut or Trenchless Method 50 4.10.4 Comparative & Cost Analysis 50 4.11 Center Street Stormwater Treatment 51 4.11.1 Alternative 1— No Action 51 4.11.2 Alternative 2—Construct Wet Detention Pond 51 4.11.3 Alternative 3—Construct Underground Storage with Exfiltration 52 4.1.4 Comparative & Cost Analysis 52 4.12 Environmental Impacts and Mitigation 53 5.0 IMPLEMENTATION AND FINANCIAL PLANNING 54 5.1 Implementation Schedule 54 5.2 Permitting Compliance 54 5.3 Public Participation (SECTION NEEDS REVISIONS AFTER COUNCIL MEETING ON 2/19/18) 55 5.4 Capital Finance Plan (SECTION NEEDS REVISIONS AFTER COUNCIL MEETING ON 2/19/18) 55 APPENDICES 56 iii EXECUTIVE SUMMARY Mead & Hunt Inc. was contracted by the City of Cape Canaveral (City) to prepare a Wastewater Facilities Plan (Plan) meeting the requirements for the State Revolving Fund (SRF) loan program. The Plan includes necessary information required by the Florida Department of Environmental Protection (FDEP) in support of the SRF loan application. The focus of this Plan is to upgrade aging wastewater collection and treatment system components to maintain and improve the existing wastewater system's ability for treatment and conveyance. Existing Conditions The City is located in northeast Brevard County along the Atlantic coast. The City encompasses an area of approximately 1.9 square miles; 93% of the available land within the City is already developed. The wastewater service area encompasses the entire incorporated limits.The wastewater system consists of a gravity collection system, lift stations, force mains, and a Water Reclamation Facility (WRF). The permitted average daily flow (ADF) capacity of the WRF is 1.8 million gallons per day (MGD). Originally, the WRF was constructed in the late 1960s; since this time, there have been multiple upgrades to the wastewater system. This plant was upgraded in 1995 to allow for the current 1.8 MGD loading and included a 5-stage nutrient removal process upgrade. This allows the City to discharge effluent as public access reclaimed water and discharge into the Banana River. Other improvements in 2005 changed the disinfection used to sodium hypochlorite and increased reclaimed water availability. In 2016,sludge belt press improvements and an additional reclaimed water storage tank were constructed to add redundancy,storage and reduce discharge into the Banana River. In 2018, an emergency oxidation ditch bypass was constructed in the existing equalization tank. Currently, the Canaveral City Park exfiltration system is starting construction to allow excess reclaimed water to be discharged into the underground stormwater chambers to reduce the need to discharge excess reclaimed water to the Banana River. Selected Improvements Nine improvement projects are proposed. Three alternatives for each project were evaluated in the Plan. These include a 'Do Nothing' alternative along with two improvement alternatives. The alternatives were evaluated based on estimated project cost,operation and maintenance factors and reliability.The recommended improvements are as follow: 1. Intermediate Lift Station Improvements —The lift station located at the WRF transfers treatment flow from the anoxic and reaeration basins to the clarifiers. This operation is crucial for the treatment process. The lift system has been subject to failure in the past during/after power outages or interruptions. There is insufficient controls and redundant emergency operation facilities to provide consistent operation. The recommended Mead&Hunt Page 4 improvements include the addition of improved controls and redundancy facilities. The estimated cost of these improvements is $398,250. 2. Influent Screen Improvements — The influent screens are the primary feature of the pretreatment process at the WRF. The existing screens pass excessive solids and require somewhat continual maintenance. This is very labor intensive and costly. The recommended improvements are to replace the existing screen with newer technology drum type screens. These screens have a proven ability to operate more efficiently and effectively. The estimated cost of these improvements is $371,250. 3. Tertiary Filter Improvements — The City's existing tertiary sand type filters require substantial yearly maintenance and frequent rehabilitations. The recommended improvements are to replace the sand filters with newer technology disk type filters. The maintenance costs of this type of filter are substantially less than the sand type filters. The estimated cost of these improvements is $1,147,500. 4. Lift Station No. 3 Improvements—This lift station is located along Central Boulevard and the existing equipment is beyond its useful age due to operation and corrosion. Replacement of the lift station facilities within the existing lift station site is recommended. The estimated cost of these improvements is $357,750. 5. Lift Station No. 5 Replacement— Lift Station No. 5 is located within Treasure Island Club Condominiums. It has aging equipment and needs rehabilitation. The City and the Condominium owners desire to relocate the lift station away from the complex. The estimated cost of these improvements is $553,000. 6. Lift Station No. 8 Improvements — This lift station is located on Thurm Boulevard at Manatee Bay Drive. The station's existing equipment is beyond its useful age due to operation and corrosion. Rehabilitation of the lift station facilities within the existing lift station site is recommended. The estimated cost of these improvements is $425,250. 7. WRF Supervisory Control and Data Acquisition (SCADA) System Improvements — The WRF's current SCADA system is obsolete and does not provide control of certain treatment processes such as chlorine feed, sulfur dioxide feed and other processes. The recommended improvements involve replacing the whole SCADA system with a new system. The improvements would allow the WRF technicians additional and consistent control of the plant processes and possibly allow manned plant operation to be reduced from 16 hours/day operation to 8 hours/day at some time in the future based on FDEP approval. The estimated cost of these improvements is $1,080,000. 8. Construct Pump and Sulfur Dioxide (SO2) Buildings — This project involves the construction of buildings for various pumps within the WRF and to replace the existing SO2 building. The buildings will extend the life of this equipment which is currently subject to environmental degradation. The estimated cost of these improvements is $1,377,000. Mead&Hunt Page 5 9. Lift Station #7 Force Main —This force main which serves Lift Station No. 7 exists along Thurm Boulevard from Central Boulevard to the WRF. The pipe is at the end of its useful life and has been subject to frequent breaks. The estimated cost of these improvements is $378,000. 10. Center Street Stormwater Treatment— This project involves the construction of wet detention pond for the Center Street drainage basin area. The estimated cost of these improvements is $587,250, but only the estimated land acquisition cost of$200,000 will be sought from the SRF program at this time. The total cost of all ten recommended improvements is estimated at $6,675,250. Capital Financing Plan To finance the proposed wastewater system projects, the City proposes to use SRF loan funding and other available funding sources to minimize effects on rate-payers. A Capital Financing Plan has been prepared to pay off the debt from the SRF loan, using the revenues from the wastewater utility system. The Capital Financing Plan was prepared by the City's SRF consultant as a separate effort from this Facilities Plan preparation. Mead&Hunt Page 6 1.0 INTRODUCTION 1.1 Background The City of Cape Canaveral (City) is located in the northeast area of Brevard County along the Atlantic coast. The City encompasses an area of approximately 1.9 square miles with approximately 93%of the available land within the City already developed. See attached Location Map, Figure 1-1. The wastewater service area encompasses the entire incorporated limits of the City. The wastewater system consists of a collection of gravity pipes, lift stations, force mains, and a water reclamation facility (WRF). The permitted average daily flow (ADF) of the WRF is 1.8 million gallons per day (MGD). Location of the WRF is also shown in the Location Map, Figure 1-1. This wastewater system was mostly originally constructed in the late 1960's. The collection system primarily operates as a cascading lift station system, with wastewater flowing by gravity to a pump station where it is pumped/lifted to another gravity collection system until it reaches the WRF. Since the original construction, the WRF has had multiple upgrades. In 1995, the WRF was upgraded and expanded to increase the ADF to 1.8 MGD. In 2005, the facility was upgraded with additional reclaimed water pumps, piping and valving for reject effluent storage and a sodium hypochlorite storage and feed system to replace the use of gaseous chlorine for disinfection. In 2016, 2.5 million gallons of additional reclaimed water storage was added with a second belt filter press. The most recent upgrade occurred in 2018 with the construction of an emergency oxidation ditch bypass. 1.2 Purpose Mead & Hunt contracted with the City to prepare a Wastewater Facilities Plan (Plan). The Plan meets requirements of Chapter 62-503, FAC, for the State Revolving Fund (SRF) Loan Program. This Pan describes the City's existing wastewater system and recommends specific improvements to existing facilities. With redundancy already in place for much of the wastewater system, replacement or rehabilitation of the aging components was the focus. 1.3 Demographics Cape Canaveral is an urban community with an estimated current population of 10,413, projected in the 2010 Census. The median age is approximately 46 years of age. The per capita income is reported at$37,081 compared to the Florida and U.S. average of$27,598 and $29,829 respectively. Mead&Hunt Page 7 Existing City Limits WW Service Area WRF Location Map Figure 1 - 1 CITY OF CAPE CANAVERAL WASTEWATER FACILITIES PLAN 1.4 Section Contents This report is intended to provide the necessary information for the planning documentation found in Chapter 62-503, FAC, required for the SRF loan program. The report is divided into 5 section and includes additional information presented in the appendices. Section 1—Section 1 is an overview of the Plan, including information about the service area and specific projects. Section 2 — Section 2 provides background information including: environmental concerns, archaeological and historical sites, socio-economic impacts, and projected population growth and wastewater flows. Section 3 — Section 3 describes the existing wastewater system. This includes wastewater treatment, transmission, collection and effluent disposal along with flow, usage, and improvement goals. Section 4—Section 4 describes the proposed projects and the alternatives.These projects include Lift Station Rehabs (Intermediate Lift Station, Lift Station Nos. 3 and 8), Lift Station relocation (LS No. 5), Influent screening Replacement, Tertiary Filters, WRF Supervisory Control and Data Acquisition (SCADA) System Improvements, Force Main replacement, and construction of pump and SO2 Buildings. For each project, the alternatives included a discussion of cost estimates and comparative analysis. Section 5 — Section 5 describes the implementation and financial plan for the wastewater and reclaimed improvements and the selected alternative. Information is also provided for the implementation schedule, permitting compliance, public participation,the impact to rate payers, and the financial plan. Mead&Hunt Page 9 2.0 SERVICE AREA IMPACTS AND POPULATION PROJECTIONS 2.1 Climate The rainfall conditions in Cape Canaveral are moderately heavy. The months with the most rain occur during the summer (June through September) while the months with the least rain occur during April and late Fall (November and December). The annual average total participation is 52.5 inches. 2.2 Topography, Hydrology and Hydrogeology Cape Canaveral is primarily located within the Eastern Valley and Atlantic Coastal Ridge physiographic areas with little local relief and dune like ridges and swales parallel to the Atlantic Ocean. Cape Canaveral itself is on the Barrier Islands physiographic region, separated from Brevard County mainland by the Indian River Lagoon (including Banana River) and is bordered on the east by the Atlantic Ocean. Elevations range from 0 ft to 13 ft NAVD 88 within City limits. The Cape Canaveral area is mainly comprised of soils of the Canaveral soil series, of urban land series, and of Palm Beach sand series.The associated series are nearly level or gently sloping and moderately well drained to excessively drained soils. Soil investigation performed by Ardaman & Associates, Inc., in 2013 at the City's WRF, showed that the ground water table is within 3 to 4 feet below the ground surface for most of the months and on seasonal highs, the water table would raise about 1/2 foot above the normal ground water 1 to 4 months of the year. Per this investigation, soils at the WRF consist of fine sand, clays, and coquina of varying densities from approximately 0 to 125 ft below grade. At the south end of Cape Canaveral, the City is a part of the Atlantic Coastal Ridge, which consists of sand ridges and swales. The rest of Cape Canaveral is a part of the Eastern Valley which accounts for lowlands with marsh and wetlands sporadically found within the City. The geologic formation of the Cape Canaveral area consists of the first layer of sand, coquina, and clay. The next formation is the Upper Miocene deposits. Underlain by the Hawthorn Formation. Underlying that, is the Ocala Group which consists of the Crystal River Formation,the Williston Formation, and the Inglis Formation. Below the Ocala group lies the Avon Park Formation. The initial geologic layer to the Hawthorn Formation includes soils which are low in permeability and serve as a confining unit for the Floridan Aquifer. Below the Hawthorn to the Avon Park Formations is the Floridian Aquifer. In the first geologic layer, the layer consists of sand, coquina, and clay or marl, which has an approximate thickness of 0 to 110 ft. The Upper Miocene deposits consist of shell marl, green clay, fine sand, and silty shell. This deposit has the approximately thickness of 20 to 90 feet. The Hawthorn Formation consists of sandy marl, streaks of greenish clay, phosphatic radiolarian clay, black/brown phosphorite, and thinner deposits of sandy limestone. This formation is the confining unit for the Floridan Aquifer. The Ocala Group of formations (Crystal River, Williston, and Inglis) are formed of white coarse limestone which contains coquina to fossiliferous fragments depending on the increasing depth. The Ocala Group formations of Crystal River, Williston and Inglis have an approximate thickness of 0 to 100 ft, 10 to 50 ft, and 70 ft or more, Mead&Hunt Page 10 respectively. The deepest formation is the Avon Park Formation, which is described as chalky limestone. (Water Resources of Brevard County, Florida, Report of Investigations No. 28) According to the U.S. Geological Survey Water Resources of Brevard County, Florida Investigations No. 28, the Atlantic Coastal Ridge forms the thickest part of the surficial (non- artesian) aquifer.The surficial aquifer thins eastward and westward from the crest of the Atlantic Coastal Ridge. Sandy ridges that form a substantial portion of the barrier islands are sources of surficial water for residents and commercial establishments. In Brevard County, the water table of the surficial aquifer ranges in depth from 0 to 22 ft below land surface but occurs generally at depths of less than 10 ft.The top of the Floridan Aquifer is approximately 75 ft below sea level in the northwestern part of Brevard County and more than 300 ft below sea level in the southeastern part (Soil Survey of Brevard County Florida). 2.3 Plant and Animal Communities A list of endangered, threatened, and other species of concern was compiled from the US Fish and Wildlife Service (USFWS)and the Florida Fish and Wildlife Conservation Commission (FFWCC) and are shown in Table 2-1.The status for plants and animal communities listed can be identified as: • Endangered = E • Threatened = T • Candidate = C • Threatened (FFWCC) = ST Mead&Hunt Page 11 Table 2-1 State and Federal Threatened, Endangered, and Candidate Species Common Name Scientific Name Status (State) (Federal) Birds: Audubon's Crested Caracara Polyborus plancus audubonii T T Everglade Snail Kite Rostrhamus sociabils plumbeus E E Florida Scrub-Jay Aphelocoma coerulescens T T Wood Stork Mycteria americana T T Red Knot Calidris canutus rufa T T Piping Plover Charadrius melodus T T Red-cockaded Woodpecker Picoides borealis E E Mammals: Southeastern Beach Mouse Peromyscus polionotus niveiventris T T West Indian (Florida) Manatee Trichechus manatus T T Reptiles: Atlantic Salt Marsh Snake Nerodia clarkia taeniata T T T Eastern Indigo Snake Drymarchon corais couperi T T Gopher Tortoise Gopherus polyphemus ST C Green Sea Turtle Chelonia mydas T E Hawksbill Sea Turtle Eretomchelys imbricate E E Leatherback Sea Turtle Dermochelys coriacea E E Loggerhead Sea Turtle Caretta caretta T T American Crocodile Crocodylus acutus T T Plants: Carter's Warea Warea carteri E E Lewton's Polygala Polygala lewtonii E E American Chaffsead Schwalbea americana E E The FFWCC maintains a listing of Bald Eagle nest locations within Florida and the City currently does not have any nests within the city limits. There are no impacts to the plant and animal wildlife expected from the proposed improvements. The proposed work for the collection and transmission of the wastewater system will be completed within State and City-maintained road rights-of-way and already developed land. Improvements for the wastewater treatment system will be conducted on existing sites already developed. Mead&Hunt Page 12 2.4 Wetlands and Floodplain In the City of Cape Canaveral, there are only a few wetland bodies identified by the National Wetland Inventory (NWI). Not accounting for the areas that the NWI states as river lines or Estuarine and Marine Deepwater (Banana River/Atlantic Ocean), the wetlands that are within Cape Canaveral are Palustrine, which are non-flowing wetlands that are small, shallow in depth, and contain vegetation including emergent plants within shallow ponds, marches, swamps, and sloughs. Along the beachside and some areas along the Banana River, there are wetlands that are Palustrine, which are wetlands adjacent to Deepwater tidal areas, which allow ocean/river water to access the wetland. There are no impacts to wetlands expected from the proposed improvements. The proposed work for the collection and transmission of the wastewater system will be completed within State and City-maintained road rights-of-way and already developed land. Improvements for the wastewater treatment system will be conducted on existing sites already developed without wetlands present. As shown in the Flood Zone Map, Figure 2-1, Cape Canaveral is located primarily within Zone X. Along the Atlantic Ocean and Banana River shorelines, the portions of Cape Canaveral are within Zone AE, which represents areas that are subject to inundation by 100-year flooding for which base flood elevations (BFE) have been determined. A small area along the east side of the City adjacent to the Atlantic Ocean is also within Zone AO, which is an area inundated by 100-year flooding (flood depths from 1 to 3 ft) for which average depths have been determined. The existing WRF site is located within Zone X according to the FEMA Flood Insurance Rate Map. (Panel 12009C0363G -July 2018) Mead&Hunt Page 13 GEORGE J KING BLVD SHOREwOOD DR TROPIC BEACH DR CHALLENBER,RD ATLAN rrS RD ZONE AE EAPAR4{ lRF ZONE AE SEAGRAP HIBI CHERIE COWiBLN' 3JRM•BLVD WASHINGTON AVE' CHLIRCH'L COLUMBIA DR DINT RD LEGEND SPECIAL FLOOD HAZARD AREAS SUBJECT TO INUNDATION BY THE PEW'1% ANNUAL CHANCE FLOOD The 1% annual chance flood (100 -year flood), also known as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. The Special Flood Hazard Area is the area subject to flooding by the 1% annual chance flood. Areas of Special Flood Hazard include Zones A, AE, AH, AC, AR, A99, V, and VE. The Base Flood Elevation is the water -surface elevation of the 1% annual chance flood. ZONE A No Base Flood Elevations determined. ZONE AE Base Flood Elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); Base Flood Elevations determined. ZONE AO ZONE AR ZONE A99 ZONE V ZONE VE Coastal flood zone with velocity hazard (wave action); Base Flood Elevations determined. Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flooding, velocities also determined. Special Flood Hazard Area formerly protected from the 1% annual chance flood by a flood control system that was subsequently decertified. Zone AR indicates that the former flood control system is being restored to provide protection from the 1% annual chance or greater flood. Areas to be protected from 1% annual chance flood event by a Federal flood protection system under construction; no Base Flood Elevations determined. Coastal flood zone with velocity hazard (wave action); no Base Flood Elevations determined. FLOODWAY AREAS IN ZONE AE The floodway is the channel of a stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without substantial increases in flood heights. OTHER FLOOD AREAS ZONE X Areas of 0.2f' annual chance flood; areas of 1°/° annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. OTHER AREAS ZONE X Areas determined to be outside the 0-2% annual chance floodplain. ZONE 0 Areas in which flood hazards are undetermined, but possible. ARRdON RIVERSIDE DR ARNO AVE r- !HITCHING POST RD RITCHIE AVE PIERCE AVE. I. K AVE, ZONE VE ZONE VE GR NT AVE ZONE VE ZONE AE CITY OF CAPE CANAVERAL WASTEWATER FACILITIES PLAN FLOOD MAP 1000703-181434.01 07/18/2018 FEMA FLOOD MAP ZONE VE Mead Hunt FIGURE 2-1 2.5 Archeological and Historical Sites There are no known historical sites for the planning area based on the Historic American Buildings Survey (HABS) and Historic American Engineering Record (HAER) collections from the National Park Service (NPS).The Director of the Division of Historical Resources is also the State of Florida's State Historic Preservation Officer (SHPO) serving as liaison with the NPS. Multiple structures to the south of the City of Cape Canaveral have been Identified by SHPO. Based on the data available from the Office of Cultural and Historical Programs (OCHP), five (5) structures were identified as historical or archaeological sites within the existing Cape Canaveral City Limits. Table 2-2 provides a listing of the identified structures. This plan and the proposed projects will have no impact on the archaeological and historical sites identified by the State.The Florida Master Site File produced by the Division of Historical Resources lists nine (9) archeological sites within the planning area. These sites are shown in Figure 2-2. Table 2-3 also provides a listing of the archeological sites within the existing Cape Canaveral City limits. Table 2-2 SHPO Structures within Cape Canaveral City Limits Site Name Address Year Structure Use Built Alma Beecher House 122 Oak Lane 1935 Private Residence 260 Cape Shores Circle 260 Cape Shores Circle 1949 Private Residence 290 Cape Shores Circle 290 Cape Shores Circle 1948 Private Residence 6315 North Atlantic Boulevard 6315 N Atlantic Avenue 1947 Private Residence 6419 North Atlantic Avenue 6419 N Atlantic Avenue 1949 Office Building Table 2-3 DHR Archeological Sites within Cape Canaveral City Limits Site Name Location Site ID Culture AR Fuller Mound A Cape Canaveral BR00090 SJ2, SPN1 AR Fuller Mound A Cape Canaveral BR00091 MALI. AR Fuller Mound A Cape Canaveral BR00092 MALI., 5J2 AR Fuller Mound A Cape Canaveral BR00093 MAL2 AR Fuller Mound A Cape Canaveral BR00094 PREH AR Fuller Mound A Cape Canaveral BR00095 UNSP AR Carter Midden Cape Canaveral BR00096 PREH, SJ AR Cabo Verde Cape Canaveral BR01936 SJ AR Odyssey Street Remains Cape Canaveral BR02085 PREH Mead&Hunt Page 15 00 0 500 ArNitlISAT BANANA11 RIVER 1 I /1 'R t%AF ru r uel 47` CAPEW FiEgC6R 0 1 inch = 500 feet Tpw 500 Legend c Existing City Limits DHR Archeological Sites NI BR00090 BR00091 BR00092 ® BR00093 BR00094 BR00095 BR00096 BR01936 BR02085 Iw 4z p'. Vumil'b-z1nmumpmumiu AmyssvmAy CITY OF CAPE CANAVERAL WASTEWATER FACILITIES PLAN FLOOD MAP 1000703-181434.01 07/18/2018 t'iFiktriZ *poison amumeut 1 Lumeume 0.4 ESl'A% F3RRFIEriVi/ AFifikTRAV u1•uMu 111uuo [61 AnnErui lulERIDTAhltik . MIREL k%S I i1ATLANTIC OCEAN DHR MASTER SITE FILE INVENTORY Mead &Jaunt FIGURE 2-2 2.6 Historical Population The City's population was 8,829 in 2000 and increased to 9,912 in 2010 when the City's census data was compared. This population increase of over 1,000 over this period is a 1.2 percent average annual growth rate. Table 2-4 below displays the historical population from the 2017 US Census Bureau estimates from 2010 to 2017. Given that the population estimate has a .66 percent average annual growth rate, the larger 1.2% growth rate will be used as it will give a more conservative estimate for population growth. Table 2-4 Cape Canaveral Historical Population Data Year Population Population Increase Annual Growth Rate (%) 2010 9,946 - - 2011 9,910 -36 -0.36% 2012 9,951 41 .41% 2013 9,970 19 .19% 2014 10,022 52 .52% 2015 10,173 151 1.5% 2016 10,310 137 1.3% 2017 10,413 103 1.0% Average*: .66% 2.7 Service Area 2.7.1 Land Use The City's Wastewater Service area lies within the City's incorporated limit. Using the City's Future Land Use Map, Table 2-5 identifies land use categories of the City's wastewater service area. The City of Cape Canaveral's Future Land Use Map prepared by Miller Legg & Associates is shown in figure 2-3. Mead&Hunt Page 17 Legend Future Land Use MI Ct Commercial C2 Co merraa! -Caw Conservation -Ml industrial PJB REC Public'Recreation Rf Rest/Sento! R2 Residential —R3 Residential Street Legend A Clara Elizabeth Lane B Maple Court D Palm Way D Croton Court E Oleander Court F Coquina Lane O Ca melte Court H Jasmine Court I Honeysuckle Way J Intrepid Way K Aquarius Way L Tranquility Way M Shuttle Way II Falcon Way 0 Coconut Street City of Cape Canaveral Future Land Use Map Map Prepared by Miller Legg&Aasoclates,Inc. CITY OF CAPE CANAVERAL WASTEWATER FACILITIES PLAN FLOOD MAP FUTURE LAND USE MAP 1000703-181434.01 FIGURE 2-3 07/18/2018 Table 2-5 City of Cape Canaveral Future Land Use Land Use Category Acres % Residential 736 54 Commercial 404 30 Industrial 130 10 Conservation 42 3 Public/Recreation 47 3 Total 1359 100 Of the different categories, the largest area is dedicated to residential land use (54.2%), followed by commercial land use (29.8%), industrial (9.5%), public/recreation (3.4%), and conservation (3.1%). The residential land use category is divided into three (3) sub categories: R-1 low density residential (6.6%), R-2 median density residential (22.8%), and R-3 high density residential (24.7%) Mead&Hunt Page 19 2.7.2 Population and Flows The source for population projection is the U.S. Census Bureau which has a record of the most recent censuses, in 2000 and 2010. Additionally, the U.S. Census Bureau also provides projected future populations including 2010 to 2017. Using the average annual growth rate of 1.2%, projected populations from 2018 to 2025 were estimated. To calculate the Average Flow per Capita, the Florida Department of Environmental Protection's (FDEP's) Monthly Protection Discharge Monitoring Reports were reviewed. The Annual Average Daily Flow (AADF) values average per year on each of the December monthly reports were reviewed. Using these AADF values and the previous population estimates in Table 2-4, an average historical flow per capita was found to be 113 gallons per day (GPD). These values are shown in Table 2-6. Table 2-6 Historical Average Flow per Capita Annual Average Daily Flow Average Flow per Year Population (capita) (MGD) Capita (Gal/Day) 2010 1.087 9,946 109 2011 1.071 9,910 108 2012 1.096 9,951 110 2013 1.054 9,970 106 2014 1.127 10,022 112 2015 1.173 10,173 115 2016 1.226 10,310 119 2017 1.309 10,413 126 Average 113 Minimum 106 Maximum 126 Using the 113 GPD, projected AADF was calculated by the historical and proposed average flow per capita and population. AADF values are shown in Table 2-7. Mead&Hunt Page 20 Table 2-7 Historical and Projected Average Daily Flows Year Population Average Flow Per Capita Annual Average Daily Flow (GPD) (MGD) 2010 9,912 110 1.087 2011 9,910 108 1.071 2012 9,951 110 1.096 2013 9,970 106 1.054 2014 10,022 112 1.127 2015 10,173 115 1.173 2016 10,310 119 1.226 2017 10,413 126 1.309 2018 10,537 113 1.191 2019 10,663 113 1.205 2020 10,790 113 1.219 2021 10,919 113 1.234 2022 11,050 113 1.249 2023 11,182 113 1.264 2024 11,316 113 1.279 2025 11,451 113 1.294 2026 11,588 113 1.309 2027 11,727 113 1.325 2028 11,867 113 1.341 2029 12,009 113 1.357 2030 12,153 113 1.373 2031 12,298 113 1.390 2032 12,445 113 1.406 2033 12,594 113 1.423 2034 12,745 113 1.440 2035 12,897 113 1.457 2036 13,051 113 1.475 2037 13,207 113 1.492 The projected flows in 2037 are estimated to be 1.492 MGD, which is approximately 82% of the permitted capacity of 1.8 MGD. The estimated AADF in 2034 equates to 80% of the current permitted capacity. Mead&Hunt Page 21 3.0 EXISTING WASTEWATER AND STORMWATER SYSTEM 3.1 Wastewater System The City of Cape Canaveral constructed its original WRF in the 1960's. On July 2, 1990, the Florida Legislature enacted Chapter 90-262 FAC, establishing objectives, including a requirement that all municipal and private wastewater treatment facilities cease discharges to the Indian River Lagoon system. With the legislation and future legislation in mind, the WRF had multiple upgrades. In 1995, the WRF was upgraded with the permitted ADF of 1.8 MGD to a 5-stage biological nutrient removal (BNR) process which provided an effluent that met FDEP criteria for public access reuse of reclaimed water. The WRF is a biological nutrient removal type activated sludge wastewater facility that provides advanced wastewater treatment. The 5-stage system (Bardenpho) consists of two anaerobic basins,two pre-anoxic basins,an oxidation ditch type carrousel aeration basin with an emergency oxidation ditch bypass, two post-anoxic basin and two reaeration basins. Additionally, there are two secondary clarifiers, three tertiary upflow sand filters ('Dyna Sand'), two chlorine contact chambers, a 0.4 million-gallon (MG) flow equalization tank (used for substandard effluent storage), a 1.4 MG dual purpose reject/reclaimed water storage tank, a 1.0 MG reclaimed water storage tank and anther 2.5 MG reclaimed water storage tank. Other connected processes are two in-plant pump stations, chemical feed facilities, a reclaimed pump station, a belt filter process and other associated pumps. An aerial of the WRF is shown in Figure 3-1 and a process flow diagram is shown in Figure 3-2. The collection system consists of approximately 18.75 miles of gravity sewer, 330 manholes, 13 lift stations and force main piping of varying size located throughout the service area. The lift stations throughout the City pump raw wastewater toward the main lift stations, which discharge into the pretreatment structure through two force mains that combine into one manifolded 16- inch ductile iron pipe. Mead&Hunt Page 22 EXISTING OUTFALL LOCATION O FICE 1i GEN! FUEL OPS INTERMEDIATE PUMPING STATION SECOND ANOXIC EFFLUENT PUMP STATION R PUMPS 2.5 MG RECLAIMED WATER EFFLUENT HOLDING PRETREAT STR. SUBSTANDARD EFFLUENT HOLDING FERMENTATION ANOXIC BASINS FILTRATION STORAGE T e SUBSTANDARD EFFLUENT HOLDING 0.4 MG YF44haiaii CITY OF CAPE CANAVERAL WASTEWATER FACILTIES PLAN 1000703-1.81434.01 087142018 WATER RECLAMATION FACILITY AERIAL Mead ilunt FIGURE 3-1 LEGEND AFF YP CS DRN EFF FE Fay r= WonA F - 1 J i Ig N ,ALUM FEED LINE BEOLCG1 AL PROCESS FEED FILTER BACKWASH WAS WATER BYPASS MORON VEN E SOLUTION DRAIN EFFLUENT U 1LTEV : EFFLL UECYr CITY OF CAPE CANAVERAL WASTEWATER FACILTIES PLAN U&1GR0*8 PLMA .- L - UI MOW MAUR 1 0101NMINIAM 6101111.t twozwil Loma 1 1F I MLS NSF RAS VET VNFUJE JT V MTERJ1 AL RECYCLE MIXED LVQ JCR SUSPENDED SOLIDS OVERFLOW POLYMER FEED RETURN ACTIVATED SLUDGE RLETURV EFFLUENT TRANSFER WETWELL AFTER FILTRATION AND PRIOR TO CHLORINATION RIVERBANK MANHOLE ON DISCHARGE OUTFALL PIPE EFFLUENT FLOW METER IN LINE TO RIVER OUTFALL TOTAL FLOW TO PUBLIC ACCESS IRRIGATION SE SOa SR SSE WAS PROCESS FLOW DIAGRAM SECONDARY EFFLUENT SULFUR DVCXVDE SUPERNATANT RETURN SLUIsTANI ARD EFFLUENT WASTE ACTCVATED SLUDGE FLOW METER M OTOMSED BFV INFLUENT SAMPLING LOCATION INFLUENT FLOW METER Mead I lunt FIGURE 3-2 3.2 Wastewater Treatment System Wastewater is pumped to the WRF from several master lift stations though two force mains. These two force mains are combined into one manifold 16-inch ductile iron pipe outside the plant, which discharges into the preliminary treatment facilities. 3.2.1 Preliminary Treatment The influent enters the pretreatment (headworks)through a mechanical bar screen on top of the headworks. This screen collects the debris which falls into a dumpster below and taken to a landfill for disposal. A manual bar screen is also provided downstream of the mechanical bar screen. A mechanical vortex type grit removal system to remove sand and grit from the influent is also present. The mechanical bar screen requires cleaning, twice per day. The screens do not experience excessive clogging or buildup of debris against the screen. There are two bypasses with one as the passive overflow upstream of the screen and the other is the removal of the mechanical screen, which will allow the influent to pass through the manual screen. The mechanical screen is in an overall good condition. 3.2.2 Secondary Treatment The second phase of the treatment is through a 5-stage biological nutrient removal process (Bardenpho). This process utilizes fermentation, pre-anoxic mixing, aeration, post-anoxic mixing and reaeration. After the preliminary treatment, the raw wastewater flows to fermentation basins. The fermentation basins are comprised of four sub-basins, each with submersible mixers and baffle walls. The submersible mixers provide adequate agitation to keep the fermentation basin contents completely mixed without the introduction of air into the basin. The fermentation basin was designed for an average hydraulic detention time of 1.87 hours at 1.8 MGD. Return activated sludge from the clarifier is also pumped into the basins. Under anaerobic conditions, the polyphosphate accumulating organism (PAO) converts the polyphosphates in the wastewater and converts the return activated sludge to soluble orthophosphates. The second stage of the secondary treatment process is the pre-anoxic basin. The basins are divided into two separate basins in series, each containing a 7.5 submersible mixer. The pre- anoxic basins receive mixed liquor recycle flow from the aeration basin via internal recycle (IR) pipes (24-inch ductile iron). At the ends of the basins, 30-inch ductile iron pipe coveys the mixed liquor to the next stage. Under anoxic conditions, the micro-organisms reduce the nitrates from the mixed liquor recycle to nitrogen gas which escapes to the atmosphere and carbonaceous biochemical oxygen (CBOD5) is also reduced. The third stage is the aeration basin in a closed-loop carrousel configuration. Most of the 5-day CBOD5 demand is satisfied with the help of the biomass in the mixed liquor and oxygen added by aerators. In the aeration process, organic and ammonia nitrogen is oxidized to nitrates. The biomass of the mixed liquor will also uptake the soluble orthophosphates for subsequent removal in the clarifier. Under aerobic conditions, the PAOs convert the soluble orthophosphates into their intracellular polyphosphate to store energy by performing a luxury uptake, reducing the Mead&Hunt Page 25 soluble phosphate concentration. There are two 75-HP motor driven aerators that deliver air to the basin. At the end of this stage, the flow is either recycled back to the pre-anoxic basin or is discharged to the next process. There appeared to be no visible dead spots in the third stage. The fourth stage is the post-anoxic mixing. The flow enters the anoxic basins, which have three mixers each.The mixers agitate the contents of the basin enough to be completely mixed without the introduction of air. The remaining nitrates in the wastewater are reduced to nitrogen gas in this basin, which escapes the process. These basins appear to be in an overall good condition. The last stage of this 5-stage process is the reaeration basin. There is an air diffusor system to reaerate the mixed liquor suspended solids (MLSS) prior to discharge to the secondary clarifiers. Alum is added to enhance phosphorus removal. With the reaeration process, the process tends to minimize the possibility of denitrification in the clarifier which can lead to a problem with "rising sludge". 3.2.3 Intermediate Lift Station Following the secondary treatment, the mixed liquor flows to the Intermediate Lift Station. The lift station consists of a wet well with five submersible sewage pumps. Flow from the secondary treatment flows to the lift station to be pumped upstream to the clarifiers. The two lead pumps have variable frequency drives(VFDs)while the remaining fixed speed pumps serve as lag pumps. In the past few years there have been at least six instances of substantial spills at the WRF due to the malfunction of the Intermediate Lift Station. The malfunctions typically occurred after a power failure, which lends to the root cause of the malfunctions to be the pump control system which may not effectively be able to start the pumps back up after the power has been restored or switched to the backup generator. 3.2.4 Secondary Clarifiers The mixed liquor is pumped from the Intermediate Lift Station to the secondary clarifiers. The MLSS settles to the bottom of the clarifiers. The clarified effluent flows over weirs at the edge of the clarifier. The settled solids are moved to the center and flow to the Return Activated Sludge and Waste Activated Sludge (RAW/WAS) pump station.There does not appear to be any problem with rising sludge, high sludge blanket or straggler flocs in the clarifiers. 3.2.5 RAW/WAS Pumps The three RAS pumps are used to return the activated sludge back to the Fermentation Basin. The two WAS pumps convey wasted sludge to the sludge holding tank.The WAS pumps are rated at 160 gallons per minute (GPM) at 24 total dynamic head (TDH). The RAS and WAS pumps were in good condition and had minimal signs of corrosion. 3.2.6 Tertiary Filtration Filtration of the flow from the clarifiers occurs by a continuous backwash type sand filter. These are three 10-foot by 15-foot deep beds. The process occurs with the influent entering the sand beds from below, flowing though the sand bed which will remove particles not removed in the clarifiers and will flow over weirs to the effluent flume. The filtered effluent will then flow to the chlorine contact chambers. A small quantity of sand escapes the sand filter during the backwash cycle. During a typical year, a truck load of replacement sand is required due to sand being lost Mead&Hunt Page 26 during backwash operations. Additionally, airlift pumps will also become damaged from filter media abrasion and need a rebuild once every three years. 3.2.7 Disinfection The filtered effluent from the tertiary filtration will then flow to the disinfection process. The disinfection process consists of a dual train chlorine contact chamber with a sodium hypochlorite feed system. The feed system includes two polyethylene tanks and diaphragm metering pumps. 3.2.8 Effluent Wetwell The disinfected effluent will then flow into the effluent wetwell. The wet well contains post- aeration diffusers which are connected to blowers located in the instrumentation building. The post-aeration process increases the dissolved oxygen in the effluent to an acceptable level for discharge into the Banana River. 3.2.9 De-chlorination If the effluent is to be discharged to the Banana River, de-chlorination is required. An 18-inch ductile iron pipe connects the effluent wet well to the Banana River, and de-chlorination is achieved directly in the discharge pipe through a sulfur dioxide feed line. There are two 2,000- gallon storage tanks for the sodium hypochlorite solution. The overall de-chlorination system is in good condition, though there is minor corrosion of some components. 3.2.10 Effluent Pump Station, Reclaimed, and Reject Water Storage Tank Effluent not discharged to the Banana River is transferred to the three reclaimed water ground storage tanks. The pumps have a capacity of 750 GPM at 29 TDH and the three tanks store 2.5 million gallons (MG), 1.0 MG, and 1.4 MG respectively. The transfer pumps were found in good condition with some corrosion around the base of the pump.The 1.4 MG tank can serve as either effluent storage and reject storage. 3.2.11 Sludge Holding Tank At the bottom of the clarifiers, waste sludge is pumped by the WAS pumps to a 170,000-gallon sludge holding tank. A telescopic valve is used to decant the solids in the sludge holding tank and the decanted supernatant is recycled back to the on-site lift stations and pumped to the headworks. 3.2.12 Belt Filter Press Decanted sludge from the sludge holding tank is pumped by two rotary lobe sludge pumps to the belt filter presses for dewatering of the biosolids. The sludge is conditioned with a polymer solution to increase flocculation and allowed to thicken.The sludge is then introduced to the belt filter press gravity section to remove most of the water and is compressed between the belts of the belt filter press. After the removal of a substantial percentage of water, it becomes a sludge cake, which is hauled off-site to the Brevard County landfill. The removed water is returned to the lift stations at the headworks. Mead&Hunt Page 27 3.2.13 Goals and Objectives In the preceding discussion of the WRF, it should be noted that all the critical treatment components have sufficient redundancy to reduce impact of maintenance. The oxidation ditch has just been renovated to provide the needed redundancy and the aeration basin is currently being renovated. With multiple components, there is time to maintain each component or, if a failure occurs, there are redundant systems which would operate while the failed component is repaired. Most of the structures are greater than 50 years old and most of the equipment is greater 30 years old.As such,the need for structural rehabilitation and equipment replacement is driven by useful life expectancy and technology.The City has developed a program to replace deteriorated equipment, improve process reliability and plant performance. This Facilities plan sets forth project descriptions and cost estimates to accomplish these goals and objectives. Additional focus was also upon eliminating the need to discharge excess reclaimed water from the WRT to the Banana River. Canaveral City Park is currently renovating the existing stormwater exfiltration system to allow for excess reclaimed water to be discharged to the exfiltration system. 3.3 Stormwater System Most of the City of Cape Canaveral stormwater system was constructed from the late 1950's through the 1960's.The stormwater system is comprised of approximately 380 storm drains with six miles of stormwater pipe that discharge to six outfall structures. The system carries stormwater discharge from the majority of the 1.9 square miles of drainage area from the Atlantic River to the Banana River routed through 54 inch or larger culverts, and some overland flow to the Atlantic River. The stormwater is discharged to the Banana River at Holman Road, Center Street, International Drive, Central Boulevard, Canaveral Drainage Canal, and the WRF. Minor flow into the Banana River also occurs though non-point and sheet flow from City and private lands along the Banana River. The City's drainage system has been able to minimize flooding within the City, but pollutants contained within the stormwater have mostly been discharged directly into the Banana River. In the 1970's and 1980's, both the Clean Water Act and St Johns River Water Management District (SJRWMD) began addressing water quality issues. The Clean Water Act helped reduce industrial and wastewater discharges while SJRWMD began requiring developments to retain a portion of their stormwater runoff on-site. With the issues with the Indian River Lagoon,there is more focus upon the stormwater pollutant loading that occurs from stormwater. The City's goal is to improve the water quality of the stormwater discharge into the Banana River. Improvements to this discharge will help with loading goals that the Environmental Protection Agency (EPA) has enacted with the National Pollutant Discharge Elimination System Program (NPDES),which is administered by FDEP through the development of a Basin Action Management Plan (BMAP) for the Banana River. Mead&Hunt Page 28 4.0 ALTERNATIVES ANALYSIS 4.1 General Alternatives have been evaluated for each of the previously described projects. An assessment of each and recommendations are included herein. Figure 4-1 displays the map of proposed projects Mead&Hunt Page 29 CITY OF CAPE CANAVERAL WASTEWATER FACILITIES PLAN 1000703-181434.01 JANUARY 2019 PROPOSED PROJECTS MAP Mead &Hunt FIGURE 4-1 4.2 Intermediate Lift Station Improvements When the Intermediate Lift Station (Station) operates, the operators do not have confirmation to verify that the Station is activated via the Supervisory Control and Data Acquisition (SCADA) system. During power outages or interruptions, the Station is subject to deactivation, causing conveyance to stop and the station to fill and potentially overflow.The Station is a critical part of the WRF hydraulic profile and flow. Pictured Above -View of Intermediate Lift Station facing north. The location of the Station is shown in Figure 3-1. The Station exists within City WRF property; therefore, no extra land is needed for the improvements. The existing Station includes five pumps,two equipped with VFDs.This improvement goal will be to add redundancy and reliability within the system, so the Station operates consistently when needed and the operations staff can confirm such from the operations center. Three alternatives are identified: Alternative 1- No Action Alternative 2- Install Engine Driven Bypass Pump Alternative 3- Upgrade Existing Controls and Electrical System 4.2.1 Alternative 1- No Action With no action or improvements to the Station, the system will continue to malfunction during power outages and interruptions. With no confirmation the Station activates via the SCADA system, the operators must rely on physical inspections of the Station to verify operations. This verification is costly and ineffective. Cleanup of overflows and potential environmental damage should be avoided. 4.2.2 Alternative 2- Install Engine Driven Bypass Pump This alternative will involve the installation of a new diesel engine driven bypass pump, not connected to the existing control system for the existing pumps.The bypass pump would operate if the existing pumps do not start and upon reaching a high level within the wetwell. The cost of Mead&Hunt Page 31 this project is high as the single bypass pump capacity must be comparable to the current firm capacity of the existing five pumps. The estimated cost for this alternative is $560,250. Table 4-1 Intermediate Lift Station Improvements -Alternative 2 Cost Comparison Engine Driven Bypass Pump Item # Description Qty Unit Unit Price Total 1 Engine Driven Bypass Pump 1 EA $350,000 $350,000 2 Piping, Fittings, Valves 1 LS $35,000 $35,000 3 Installation 1 LS $30,000 $30,000 Subtotal $415,000 Contingency @ 20% $83,000 Engineering, CA and Inspection @ 15% $62,250 Total Estimated Project Cost $560,250 4.2.3 Alternative 3— Improve Backup Controls System and Redundancy This alternative involves upgrading the existing pump control system to have backup controls and additional redundancy. Currently,the primary control panel controls the lead VFD pumps and the three lag fixed speed pumps. When the system restarts after/during a power outage or interruption, the control system is subject to failure so not to start the pumps. To alleviate this problem, the three lag pumps will be connected to a new backup control panel and backup generator.This system will convert the three lag pumps into a backup system that will start when the power is lost to the main pumps or the high-level floats are triggered. These VFD controlled pumps will be powered by the existing facility generator or a new backup generator if the existing generator is found to be insufficient. This project is estimated to cost $398,250. Table 4-2 Intermediate Lift Station Improvements -Alternative 3 Cost Comparison Install VFDs and Backup System Item # Description Qty Unit Unit Price Total 1 VFD 3 EA $25,000 $75,000 2 Backup Generator 1 EA $100,000 $100,000 3 Backup Control Panel 1 EA $60,000 $60,000 4 Electrical/Installation 1 LS $60,000 $60,000 Subtotal $295,000 Contingency @ 20% $59,000 Engineering, CA and Inspection @ 15% $44,250 Total Estimated Project Cost $398,250 4.2.4 Comparative & Cost Analysis With Alternative 1 the system remains the same. This alternative also does not add redundancy or reliability to the Station. The potential for process upsets and wastewater overflows are not reduced. Mead&Hunt Page 32 Alternative 2 would provide redundancy with the installation of an engine driven bypass for the Station. This has a considerable cost due to the need for the large capacity bypass pump. This replacement would lower the possibility of the lift station failing and needing maintenance/inspections, though it would not correct the existing problem with the lift station controls. Alternative 3 replaces a portion of the existing control system and provides further redundancy with the emergency operation capability for the three lag pumps. This alternative has the lower cost and does not involve substantially more equipment for future maintenance. Alternative 3 is recommended. 4.3 Influent Structure and Screen Improvements The existing mechanical bar screen has exceeded its useful life (20 years) and requires replacement. This project is required to replace and update the pretreatment structure. Pictured Above—View of the Pretreatment structure facing south. For the pretreatment and screening, there are three alternatives identified: Alternative 1— No Action Alternative 2— Replace with Drum Screen Alternative 3— Replace with Stair Screen 4.3.1 Alternative 1— No Action With no action or improvements to the pretreatment and the screen, the system will continue to deteriorate. With no improvements, the pretreatment structure would malfunction more often, having a higher maintenance cost. 4.3.2 Alternative 2— Replace with Drum Screen This alternative replaces the existing pretreatment screen with a drum screen. Replacing the existing screen with a drum screen will cost an estimated $371,250. This will also reduce future Mead I HUflt Page 33 maintenance costs due to reduced rags and inorganic materials bypassing the headworks and causing equipment issues further into the treatment process. This drum screen can remove particles greater than 3 millimeters. Table 4-3 Influent Screen Improvements -Alternative 2 Cost Comparison Replace with Drum Screen Item # Description Qty Unit Unit Price Total 1 Demolition 1 LS $25,000 $25,000 2 New Equipment (Parkson) 1 LS $120,000 $120,000 3 Installation 1 LS $100,000 $100,000 4 Walkways and Railings 1 LS $15,000 $15,000 5 Electrical, Instrumentation, and Controls 1 LS $15,000 $15,000 Subtotal $275,000 Contingency @ 20% $55,000 Engineering, CA and Inspection @ 15% $41,250 Total Estimated Project Cost $371,250 4.3.3 Alternative 3— Replace with Stair Screen This alternative will replace the existing pretreatment screen with a stair screen. Replacing the existing screen with a stair screen will cost an estimated $405,000. This will also reduce future maintenance costs. This stair screen can remove particles greater than 3 millimeters. Table 4-4 Influent Screen Improvements -Alternative 3 Cost Comparison Replace with Stair Screen Item # Description Qty Unit Unit Price Total 1 Demolition 1 LS $25,000 $25,000 2 New Equipment (Vulcan) 1 LS $150,000 $150,000 3 Installation 1 LS $100,000 $100,000 4 Electrical, Instrumentation, and Controls 1 LS $25,000 $25,000 Subtotal $300,000 Contingency @ 20% $60,000 Engineering, CA and Inspection @ 15% $45,000 Total Estimated Project Cost $405,000 4.3.4 Comparative & Cost Analysis With Alternative 1 the system remains the same. This alternative does not improve the aging system and will cause treatment process failures and/or upsets in the future. Alternative 2 would replace the existing bar screen with a drum screen. The maintenance costs for this alternative would be less than Alternative 1 and would provide improved efficiencies and less potential for process failures. Mead&Hunt Page 34 Alternative 3 is to replace the existing bar screen with a stair screen. The benefits with this alternative are approximately equivalent to Alternative 2, but with a higher capital cost. Alternative 2 is recommended. 4.4 Tertiary Filter Improvements Replacement of the existing Tertiary Filters is proposed.This project consists of replacing existing sand media, 'Dyna Sand' filters with cloth media disk filters. The filters were rehabilitated approximately 6 to 7 years ago. Since the rehabilitation, the filter still requires excessive maintenance. During filter backwashes, sand migrates though the air lift system and clogs the draft tubes. Additionally, the filters gradually lose sand requiring annual replenishment of additional sand. This project proposes to improve the existing filter to replace existing, old equipment with new, better technology. Pictured Above —View of'Dyna Sand' filters along the Deck To mitigate the pretreatment and tertiary treatment, there are three alternatives identified: Alternative 1— No Action Alternative 2—Replace Tertiary with Disk Filters Alternative 3—Rehab Existing Dyna Sand 4.4.1 Alternative 1— No Action With no action or improvements to the tertiary filter, the system will continue to malfunction. Yearly addition of sand would also be required. The tertiary filter also requires significant maintenance. Mead&Hunt Page 35 4.4.2 Alternative 2—Replace Sand Filters with Disk Filters This alternative will replace the sand filters with the cloth media disk type filters. The disk filters have limited to no maintenance costs and have a useful life of 20 years. The cost is estimated at $1,147,500. Table 4-5 Tertiary Filter Improvements -Alternative 2 Cost Comparison Replace with Disk Filter Item # Description Qty Unit Unit Price Total 1 Demolition 1 LS $50,000 $50,000 2 New Equipment (Parkson) 1 LS $450,000 $450,000 3 Installation 1 LS $250,000 $250,000 4 Electrical, Instrumentation, and Controls 1 LS $100,000 $100,000 Subtotal $850,000 Contingency @ 20% $170,000 Engineering, CA and Inspection @ 15% $127,500 Total Estimated Project Cost $1,147,500 4.4.3 Alternative 3—Rehabilitate Existing Sand Media Filters This alternative will rehabilitate the existing'Dyna Sand'filters, including replacement of controls and equipment. The sand would need to be replenished every year for a minimal cost and the filter draft tubes would require rehabilitation every 6 or 7 years, at an estimated cost of$300,000 per each draft tube rehabilitation. Assuming a 20-year life, three (3) draft tube rehabilitations would be required. The estimated cost for a 20-year useful life is $1,845,000. Table 4-6 Tertiary Filter Improvements -Alternative 3 Cost Comparison Rehabilitate Sand Filters Item # Description Qty Unit Unit Price Total 1 Rehab Filter By Manufacturer 1 LS $650,000 $650,000 Electrical, Instrumentation, and 2 Controls 1 LS $50,000 $50,000 Subtotal $700,000 Contingency @ 20% $140,000 Engineering, CA and Inspection @ 15% $105,000 Total Estimated Project (initial) Cost $945,000 Including 3 Rehabilitations = $1,845,000 Mead&Hunt Page 36 4.4.4 Comparative & Cost Analysis With Alternative 1 the system remains the same, no major changes occurring. This alternative also does not improve the aging system and will cause treatment process problems. Alternative 2 replaces the sand filters with cloth media disk type filters. This alternative will greatly improve the filter process and reduce the expensive rehabilitation required by the sand type filters. Thus, the overall project life cost would be decreased. Alternative 3 would have a lower initial cost but would have a higher lifetime cost.With an overall lower lifetime cost, Alternative 2 was selected. 4.5 Lift Station No. 3 Improvements Lift Station No. 3 is an existing wastewater lift station located along Central Boulevard, near the intersection with Oak Manor Drive. The existing facilities have reached their useful life due to deterioration and corrosion due to salt air environment and wastewater gases. The facilities have been subject to increased maintenance and operational issues including problems with the pumps seating with the discharge piping. A recent force main replacement project replaced the downstream receiving force main to just downstream of the existing valve vault. No substantial future changes in receiving flows are projected due to the lift station's service area currently being mostly built out. Some redevelopment within the service area is expected, but impact on flow volumes should be minimal. . Pictured Above —View of Lift Station No. 3 on Central Blvd. Three alternatives have been identified for improvements to this lift station: Alternative 1— No Action Alternative 2— Rehabilitate Existing Lift Station Alternative 3— Remove and Replace existing Lift Station. Mead&Hunt Page 37 4.5.1 Alternative 1— No Action With the No Action alternative, no improvements will be made to the facilities. Due to this, maintenance costs are expected to increase the likelihood of a potential failure. A failure of this lift station could cause a wastewater overflow into the adjacent main drainage canal. This could cause considerable environmental damage. The increased maintenance costs and potential environmental damage/cleanup costs cannot be accurately estimated at this time. 4.5.2 Alternative 2— Rehabilitate Existing Lift Station No. 3 This alternative involves the rehabilitation of the existing facilities in the current location including the replacement of the mechanical and electrical equipment. Other existing facilities will be rehabilitated in-place, including protective linings and replacement covers and other appurtenances. These improvements should extend the lift station's useful life for at least 20 years, less potential pump and electrical equipment renewal and replacement that would be needed before. The improvements would reduce required maintenance and reduce the likelihood of potential failure and overflow. The project cost for this alternative is $357,750 as detailed in Table 4-7. Table 4-7 Lift Station No.3 Improvements -Alternative 2 Cost Comparison Rehabilitate Existing Lift Station Item # Description Qty Unit Unit Price Total 1 Demolition/By-Pass Pumping 1 LS $25,000 $25,000 2 Mechanical/Pumps 1 LS $160,000 $160,000 3 Lining and Appurtenances 1 LS $30,000 $30,000 4 Electrical, Instrumentation, and Controls 1 LS $40,000 $40,000 5 Restoration and Site Work 1 LS $10,000 $10,000 Subtotal $265,000 Contingency @ 20% $53,000 Engineering, CA and Inspection @ 15% $39,750 Total Estimated Project Cost $357,750 4.5.3 Alternative 3— Remove and Replace Existing Lift Station No. 3 This alternative involves the complete removal and replacement of the existing facilities in an alternate location. A suitable alternative location is not known to be available at this time. These new improvements would have an estimated useful life of at least 25 years less potential pump and electrical equipment renewal and replacement that would be needed. The improvements would reduce required maintenance and reduce the likelihood of potential failure and overflow. An alternate location more distant from the adjacent canal would also reduce the likelihood of environmental impact by an overflow. The project cost for this alternative is$641,250 as detailed in Table 4-8. Mead&Hunt Page 38 Table 4-8 Lift Station No. 3 Improvements -Alternative 3 Cost Comparison Remove and Replace Existing Lift Station Item # Description QTY Unit Unit Price Total 1 Site Acquisition 1 LS $20,000 $20,000 2 Demolition 1 LS $25,000 $25,000 3 New Wetwell 1 LS $60,000 $60,000 4 Gravity Sewer 1 LS $40,000 $40,000 5 Mechanical/Pumps 1 LS $160,000 $160,000 6 Force Main Connection/Extension 1 LS $70,000 $70,000 7 Electrical, Instrumentation, and Controls 1 LS $40,000 $40,000 8 Restoration and Site Work 1 LS $60,000 $60,000 Subtotal $475,000 Contingency @ 20% $95,000 Engineering, CA and Inspection @ 15% $71,250 Total Estimated Project Cost $641,250 4.5.4 Comparative & Cost Analysis Alternative 1 is not recommended due to the condition of the facilities and the potential for overflow and environmental impact. Alternative 2 provides upgraded facilities at a lower overall project cost with no need to seek an alternative site. Acquisition of an alternate site can be costly and time consuming. Alternative 3 has a higher project cost with only a slightly longer life expectancy. Therefore, Alternative 2 was chosen. 4.6 Lift Station No. 5 Improvements Lift Station No. 5 is an existing wastewater lift station located within the Treasure Island Club Condominiums. The approximate location is shown in Figure 4-1. The existing facilities have reached their useful life due to deterioration due to use and corrosion due to salt air environment and wastewater gases.The facilities have been subject to increased maintenance and operational issues. Additionally, the City and the condominium owners would like to relocate the lift station away from the front of the condominium buildings. A suitable location is available on condominium owned property approximately 150 feet south. No substantial future changes in receiving flows are projected due the lift station's service area currently being mostly built out. Three alternatives have been identified for improvements to this station: Alternative 1— No Action Alternative 2— Rehabilitate Existing Lift Station Alternative 3—Construct New Lift Station 4.6.1 Alternative 1— No Action With the no action alternative, no improvements will be made to the facilities. Due to this, maintenance costs are expected to increase the likelihood of a potential failure. A failure of this lift station could cause a wastewater overflow into the adjacent condominium structures. This Mead&Hunt Page 39 could cause considerable damage and expense. The increased maintenance costs and potential environmental damage/cleanup costs cannot be accurately estimated at this time. 4.6.2 Alternative 2— Rehabilitate Existing Lift Station This alternative involves the rehabilitation of the existing facilities in the current location including the replacement of the mechanical and electrical equipment. Other existing facilities will be rehabilitated in-place, including protective linings and replacement covers and other appurtenances. These improvements should extend the lift station's useful life for at least 20 years, less potential pump and electrical equipment renewal and replacement that would be needed. The improvements would reduce required maintenance and reduce the likelihood of potential failure and overflow. The project cost for this alternative is $438,750 as detailed in Table 4-9. Table 4-9 Lift Station No. 5 Improvements -Alternative 2 Cost Comparison Rehabilitate Existing Lift Station Item # Description QTY Unit Unit Price Total 1 Demolition/By-Pass Pumping 1 LS $55,000 $55,000 2 Mechanical/Pumps 1 LS $160,000 $160,000 3 Lining and Appurtenances 1 LS $30,000 $30,000 4 Electrical, Instrumentation, and Controls 1 LS $40,000 $40,000 5 Restoration and Site Work 1 LS $40,000 $40,000 Subtotal $325,000 Contingency @ 20% $65,000 Engineering, CA and Inspection @ 15% $48,750 Total Estimated Project Cost $438,750 4.6.3 Alternative 3—Construct New Lift Station This alternative involves the complete removal and replacement of the existing facilities in an alternate location 150 feet south. These new improvements would have an estimated useful life of at least 25 years less potential pump and electrical equipment renewal and replacement that would be needed. The improvements would reduce required maintenance and reduce the likelihood of potential failure and overflow. The project cost for this alternative is $553,000 as detailed in Table 4-8. The Engineering, CA and Inspection portion of the cost was estimated at 20% due to the site acquisition and private property potential issues. Mead&Hunt Page 40 Table 4-10 Construct New Lift Station -Alternative 3 Cost Comparison Construct New Lift Station Item # Description QTY Unit Unit Price Total 1 Demolition 1 LS $25,000 $25,000 2 New Wetwell 1 LS $60,000 $60,000 3 Gravity Sewer 1 LS $40,000 $40,000 4 Mechanical/Pumps 1 LS $160,000 $160,000 5 Force Main Connection/Extension 1 LS $10,000 $10,000 6 Electrical, Instrumentation, and Controls 1 LS $40,000 $40,000 7 Restoration and Site Work 1 LS $60,000 $60,000 Subtotal $395,000 Contingency @ 20% $79,000 Engineering, CA and Inspection @ 20% $79,000 Total Estimated Project Cost $553,000 4.6.4 Comparative & Cost Analysis Alternative 1 is not recommended due to the condition of the facilities and the potential for overflow and environmental and residential impact. Alternative 2 provides upgraded facilities at a lower overall project cost but without achieving the goals of the condominium owners and the City for the station relocation. A failure of this lift station near the condominium could cause a wastewater overflow into the adjacent condominium structures. This could cause considerable damage and expense. The increased maintenance costs and potential environmental damage/cleanup costs cannot be accurately estimated at this time. Alternative 3 has a higher initial project cost with a slightly longer life expectancy and relocates the station as desired by the stakeholders. Therefore, Alternative 3 was chosen. 4.7 Lift Station No. 8 Improvements Lift Station No. 8 is an existing wastewater lift station located near the intersection of Thurm Boulevard and Manatee Bay Drive. The existing facilities have reached their useful life due to deterioration and corrosion due to salt air environment and wastewater gases.The facilities have been subject to increased maintenance and operational issues. No substantial future changes in receiving flows are projected due the lift station's service area currently being mostly built out. Some redevelopment within the service area is expected, but impact on flow volumes should be minimal. Mead&Hunt Page 41 Pictured Above—View of Lift Station No. 8 on Thurm Boulevard Three alternatives have been identified for improvements to this station: Alternative 1— No Action Alternative 2— Rehabilitate Existing Lift Station Alternative 3—Total Lift Station Replacement 4.7.1 Alternative 1— No Action With the no action alternative, no improvements will be made to the facilities. Due to this, maintenance costs are expected to increase the likelihood of a potential failure. A failure of this lift station could cause a wastewater overflow into the adjacent residential properties.This could cause considerable damage and expense. The increased maintenance costs and potential environmental damage/cleanup costs cannot be accurately estimated at this time. 4.7.2 Alternative 2— Rehabilitate Existing Lift Station No. 8 This alternative involves the rehabilitation of the existing facilities in the current location including the replacement of the mechanical and electrical equipment. Other existing facilities will be rehabilitated in-place, including protective linings and replacement covers and other appurtenances. These improvements should extend the lift station's useful life for at least 20 years, less potential pump and electrical equipment renewal and replacement that would be needed. The improvements would reduce required maintenance and reduce the likelihood of potential failure and overflow. The project cost for this alternative is $425,250 as detailed in Table 4-11. Mead&Hunt Page 42 Table 4-11 Lift Station No.8 Improvements -Alternative 2 Cost Comparison Rehabilitate Existing Lift Station Item # Description QTY Unit Unit Price Total 1 Demolition/By-Pass Pumping 1 LS $45,000 $45,000 2 Maintenance of Traffic 1 LS $30,000 $30,000 2 Mechanical/Pumps 1 LS $140,000 $140,000 3 Lining and Appurtenances 1 LS $30,000 $30,000 4 Electrical, Instrumentation, and Controls 1 LS $40,000 $40,000 5 Restoration and Site Work 1 LS $30,000 $30,000 Subtotal $315,000 Contingency @ 20% $63,000 Engineering, CA and Inspection @ 15% $47,250 Total Estimated Project Cost $425,250 4.7.3 Alternative 3-Total Replacement This alternative involves the complete removal and replacement of the existing facilities in an alternate location. A suitable alternative location is not known to be available at this time. These new improvements would have an estimated useful life of at least 25 years less potential pump and electrical equipment renewal and replacement that would be needed. The improvements would reduce required maintenance and reduce the likelihood of potential failure and overflow. The project cost for this alternative is $553,500 as detailed in Table 4-2 Table 4-12 Lift Station No. 8 Improvements -Alternative 3 Cost Comparison Remove and Replace Existing Lift Station Item # Description QTY Unit Unit Price Total 1 Site Acquisition 1 LS $20,000 $20,000 2 Demolition 1 LS $20,000 $20,000 3 New Wetwell 1 LS $60,000 $60,000 4 Gravity Sewer 1 LS $30,000 $30,000 5 Mechanical/Pumps 1 LS $140,000 $140,000 6 Force Main Connection/Extension 1 LS $40,000 $40,000 4 Electrical, Instrumentation, and Controls 1 LS $40,000 $40,000 5 Restoration and Site Work 1 LS $60,000 $60,000 Subtotal $410,000 Contingency @ 20% $82,000 Engineering, CA and Inspection @ 15% $61,500 Total Estimated Project Cost $553,500 Mead&Hunt Page 43 4.7.4 Comparative & Cost Analysis Alternative 1 is not recommended due to the condition of the facilities and the potential for overflow and environmental impact. Alternative 2 provides upgraded facilities at a lower overall project cost with no need to seek an alternative site. Acquisition of an alternate site can be costly and time consuming. Alternative 3 has a higher project cost with only a slightly longer life expectancy. Therefore, Alternative 2 was chosen. 4.8 WRF SCADA System Improvements The wastewater treatment plant's SCADA system acquires data and information related to treatment plant operations and allows for automatic and remote control of some of the plant operations. Currently there are no monitoring or control abilities for the chlorine feed, sulfur dioxide feed and other portions of the process. The monitoring and control of these portions of the system are required to be done manually by plant operators during their rounds and/or upon substantial changes in flow. Also, there are portions of the system that do not have adequate data collection and automatic controls which have caused upsets and overflows in the treatment system. Currently, the treatment plant operates on a 16 hours day schedule. To improve the SCADA system, three alternatives were identified: Alternative 1— No Action Alternative 2— Replace Entire System with New Software and Controls Alternative 3— Replace Portion and Upgrade Remainder of System 4.8.1 Alternative 1— No Action With the no action alternative, there would be no changes to the SCADA system. No operational improvements would be realized, and the current operating protocol would go unchanged. 4.8.2 Alternative 2— Replace Entire System with New Software and Controls Alternative 2 involves upgrading the entire system to a VTSCADA human-machine interface (HMI) software platform, including the SCADA equipment at all the lift stations. Most hardware components would need to be replaced. The replacement of the entire system would allow the various equipment to be communicated upon a common platform and provide operational and maintenance efficiencies. The estimated cost for the new system would be $1,080,000. Table 4-13 WRF SCADA System Improvements -Alternative 2 Cost Comparison Replace Entire System with New Software and Controls Item # Description Qty Unit Unit Price Total 1 VTSCADA System Conversion 1 LS $800,000 $800,000 Subtotal $800,000 Contingency @ 20% $160,000 Engineering, CA and Inspection @ 15% $120,000 Total Estimated Project Cost $1,080,000 Mead&Hunt Page 44 4.8.3 Alternative 3— Replace Portion and Upgrade Remainder of System Alternative 3 is a partial replacement/upgrade to VTSCADA HMI. The treatment plant portion of the SCADA system would be completely replaced while the SCADA equipment at the lift stations would remain and only be upgraded. The lift stations currently utilize Data Flow Systems (DFS) SCADA HMI system. VTSCADA and DFS can be programmed to communicate and operate together, thus avoiding the SCADA replacement throughout the collection system. Having two separate software systems would increase the operating and maintenance cost slightly over the life of the equipment. The estimated cost is $418,500. Table 4-14 WRF SCADA System Improvements -Alternative 3 Cost Comparison Replace Portion and Upgrade Remainder of System Item # Description Qty Unit Unit Price Total 1 VTSCADA System Conversion at WRF 1 LS $300,000 $300,000 2 Upgrade DFS System 1 LS $10,000 $10,000 Subtotal $310,000 Contingency @ 20% $62,000 Engineering, CA and Inspection @ 15% $46,500 Total Estimated Project Cost $418,500 4.8.4 Comparative & Cost Analysis With Alternative 1 the system remains the same, no changes occurring.This alternative does not increase the capability and reliability of the SCADA system and does not reduce the operational and maintenance costs. This alternative also does not reduce the likelihood of treatment upsets and overflows. Alternative 2 is a complete overhaul of the entire SCADA system, thus increasing the overall useful life of the system components. This alternative has the highest cost and the highest amount of additional learning and training that would be required. Having the system be fully replaced would allow for the system to be unified and have an overall increase in the capability and control of the system. Alternative 3 replaces the plant's SCADA system while maintaining the existing lift station SCADA system. The current lift station operates utilizing the DFS system. Although the proposed VTSCADA and DFS can communicate and operate together, having two separate software systems would increase the operating and maintenance cost. Alternative 2 was chosen due to the increase in capability and control of the system and the lower operating and maintenance cost. Mead&Hunt Page 45 4.9 Construct Pump and SO2 Buildings Due to the salt water environment the WRF equipment, especially that which is not enclosed within buildings, is subject to extensive corrosion. Currently a number of pumps and the SO2 feed equipment are exposed to the environment due to the lack of adequate enclosures. Therefore, buildings to enclose this equipment and to protect the equipment from the environmental elements are proposed. Figure 4-2 displays the proposed building locations. For the proposed buildings, there are three alternatives identified: Alternative 1— No Action Alternative 2—Construct Concrete Block Site Built Buildings Alternative 3—Construct Prefabricated Aluminum Structures Mead&Hunt Page 46 tA,,m CITY OF CAPE CANAVERAL WASTEWATER FACILTIES PLAN 19W7131181434X1 Q8l14l21N8 Proposed Pump and SO,Building Locations LEGEND _PROPOSED BUILDING LOCATION Mead I hint FIGURE 4-2 4.9.1 Alternative 1— No Action With the no action alternative, there would be no changes to the existing components. The exposed equipment will continue to degrade due to exposure and increase the frequency of operational issues, maintenance and equipment replacement. 4.9.2 Alternative 2—Construct Concrete Block Site Built Buildings Alternative 2 proposes to construct buildings to enclose the pump and SO2 equipment. The buildings would require the construction of substantial foundations to support the buildings. This foundation construction would require a certain amount of pipe and/or conduit relocation that may be in conflict with the proposed foundations. The concrete block buildings and foundations would have a long useful life due to the type and durability of construction. The estimated cost of this alternative is $1,377,000. Table 4-15 Construct Pump and 502 Buildings -Alternative 2 Cost Estimate Construct Concrete Block Site Built Buildings Item # Description Qty Unit Unit Price Total 1 CMU Buildings 3400 SF $300 $1,020,000 Subtotal $1,020,000 Contingency @ 20% $204,000 Engineering, CA and Inspection @ 15% $153,000 Total Estimated Project Cost $1,377,000 4.9.3 Alternative 3—Construct Prefabricated Aluminum Structures Alternative 3 proposes enclosures for the pumps and SO2 buildings utilizing prefabricated aluminum structures. These types of structures have lesser foundation requirements and can be erected quicker than site built structures. The life expectancy of these buildings is less than other types of construction. The estimated cost of this alternative is $918,000. Table 4-16 Construct Pump and SO2 Buildings -Alternative 3 Cost Estimate Construct Prefabricated Aluminum Structures Item # Description Qty Unit Unit Price Total 1 Aluminum Buildings 3400 SF $200 $680,000 Subtotal $680,000 Contingency @ 20% $136,000 Engineering, CA and Inspection @ 15% $102,000 Total Estimated Project Cost $918,000 Mead&Hunt Page 48 4.9.4 Comparative & Cost Analysis Alternative 1 was the no action alternative. Without improvements, the system will gradually deteriorate. Alternative 2 proposes buildings built with CMU. The initial cost of CMU is higher than the No Action alternative, although lifetime of the components would be increased. Alternative 3 has proposed buildings that would be built with aluminum and wall paneling. This alternative has the same benefits as Alternative 2, but with a lower life expectancy and cost. Alternative 2 is selected for the longer useful life of the buildings. 4.10 Lift Station No. 7 Force Main The force main conveying flow from Lift Station No. 7 is located along Thurm Boulevard from West Central Boulevard to the WRF. This force main is approximately 30 years old and is at the end of its useful life. The force main has been subject to higher than normal frequency of breaks and the material condition was found questionable during past tie-in and repair operations. To mitigate this problem, there are three alternatives identified: Alternative 1— No Action Alternative 2— Replace Main with In-Situ Method Alternative 3— Replace Main with Open-Cut or Trenchless Method 4.10.1 Alternative 1— No Action With the no action alternative,there would be no improvements made to the existing force main. The likelihood of future pipe failures and potential for wastewater discharges into the adjacent Banana River would increase. 4.10.2 Alternative 2— Replace Force Main with In-Situ Method In Alternative 2, the force main would be replaced in-situ by the pipe bursting method. The existing pipe would be deactivated and utilized as a corridor/conduit to pull a new pipe in its place. The existing pipe would be "bursted" with a cutting head to make room for the new pipe. The new pipe would most likely be a fused HDPE pipe. Connections would have to be made at either end and at any branch connections. By-pass pumping would have to be utilized for the duration of the pipe installation and activation. Mead&Hunt Page 49 Table 4-17 Force Main No. 7 Replacement -Alternative 2 Cost Comparison Replace Force Main with In-Situ Method Item # Description Qty Unit Unit Price Total 1 Pipe Burst 12" 1200 LF $250 $300,000 2 Tie-ins 2 EA $10,000 $20,000 3 Bypass Pumping 1 LS $80,000 $80,000 4 12" Valves 2 EA $10,000 $20,000 Subtotal $420,000 Contingency @ 20% $84,000 Engineering, CA and Inspection @ 15% $63,000 Total Estimated Project Cost $567,000 4.10.3 Alternative 3— Replace Main with Open-Cut or Trenchless Method Alternative 3 would involve the installation of a new 12" diameter force main along the same alignment. Installation would be by typical open-cut and/or trenchless method. The existing force main would remain in service until the new force main is completely installed and ready for activation. By-pass pumping would be minimized or eliminated with this alternative. Tie-ins at both ends and at any branches would be required.The existing force main would be deactivated and abandoned in place. Table 4-18 Force Main No. 7 Replacement -Alternative 3 Cost Comparison Replace Force Main with Open-Cut or Trenchless Method Item # Description Qty Unit Unit Price Total 1 New 12" Pipe 1200 LF $200 $240,000 2 12" Valves 2 EA $10,000 $20,000 3 Tie-Ins 2 EA $10,000 $20,000 Subtotal $280,000 Contingency @ 20% $56,000 Engineering, CA and Inspection @ 15% $42,000 Total Estimated Project Cost $378,000 4.10.4 Comparative & Cost Analysis Alternative 1 is the no action alternative. Without improvements,the force main will continue to be subject to breaks and potential environmental impacts due to wastewater discharge. Alternative 2 proposes to replace the force main with in-situ or pipe bursting methods. The cost of this alternative is the highest. The method does have some risk due to the nature of the method and will involve considerable by-pass pumping. Mead&Hunt Page 50 Alternative 3 proposes to replace the force main with a new force main adjacent to the existing force main. This alternative has a lower cost than Alternative 2 and involves less by-pass pumping. Alternatives 2 and 3 both provide a new force main with equivalent life expectancies. Alternative 3 is selected. 4.11 Center Street Stormwater Treatment Center Drainage Basin contains 154 acres of commercial and residential development. The stormwater discharges though a 54-inch pipe with a single existing baffle box that only remove a small amount of pollutants. To improve stormwater quality, there are three alternatives identified: Alternative 1— No Action Alternative 2—Construct Wet Detention Pond Alternative 3—Construct Underground Stormwater storage 4.11.1 Alternative 1— No Action With the no action alternative, no improvements will be made to the stormwater system. Due to this, no improvements to stormwater quality will be realized. 4.11.2 Alternative 2—Construct Wet Detention Pond This alternative involves the construction of an offline wet detention pond to divert the existing stormwater to, for additional treatment. The wet detention pond would be constructed on land to be acquired along Center St, near Sevilla Ct. This site would require land acquisition, excavation, grading, and will provide approximately an acre-foot of treatment volume. The estimated cost is$587,250. Table 4-19 Center Street Stormwater Treatment -Alternative 2 Cost Comparison Construct Wet Detention Pond Item # Description QTY Unit Unit Price Total 1 Site Acquisition 1 LS $200,000 $200,000 3 Demolition & Excavation 1 LS $80,000 $80,000 4 Stormwater Connection/Extension 1 LS $50,000 $50,000 5 Control Structures 1 LS $45,000 $45,000 6 Restoration and Site Work 1 LS $60,000 $60,000 Subtotal $435,000 Contingency @ 20% $87,000 Engineering, CA and Inspection @ 15% $65,250 Total Estimated Project Cost $587,250 Mead&Hunt Page 51 4.11.3 Alternative 3—Construct Underground Storage with Exfiltration This alternative involves the construction of underground storage for additional treatment. This underground storage will be constructed within the right of way of Center Street along with the existing stormwater discharge pipe. To have a comparable treatment volume to alternative 2, a considerable length of underground storage would be required to be installed along the right of way. Excavation, demolition and maintenance of traffic will be required along affected roadway.The estimated cost is$1,012,500. Table 4-20 Center Street Stormwater Treatment-Alternative 3 Cost Comparison Construct Underground Stora;e with Exfiltration Item # Description QTY Unit Unit Price Total 1 Demolition & Excavation 1 LS $100,000 $100,000 3 Underground Storage System 1 LS $450,000 $450,000 4 Stormwater Connection/Extension 1 LS $50,000 $50,000 5 Maintenance of Traffic 1 LS $50,000 $50,000 6 Restoration and Site Work 1 LS $100,000 $100,000 Subtotal $750,000 Contingency @ 20% $150,000 Engineering, CA and Inspection @ 15% $112,500 Total Estimated Project Cost $1,012,500 4.1.4 Comparative & Cost Analysis With Alternative 1, the system remains the same. This alternative does not improve the stormwater quality, which will constantly deliver pollutant loaded stormwater to the Banana River. Alternative 2 would construct a wet detention pond to treat the stormwater. With this option, the stormwater would get stormwater treatment, lowering the overall pollutant loading of the stormwater to the Banana River. The downsides of this alternative are that there is a moderate cost due to the land acquisition and construction of the detention pond. Alternative 3 would construct an underground storage system with exfiltration.The underground storage would be constructed within the existing stormwater system's right of way. This method would give similar treatment to alternative 2 but would allow the land to be utilized and developed, not only used for stormwater treatment. Additionally, as this is within the City's right of way, there would be no land acquisition required. The downsides of this alternative are the high costs. Although there is no land acquisition, the construction within the right of ways of existing stormwater pipe increases the price through the excavation, maintenance of traffic, and site restoration that would occur. In addition, to get a comparable treatment volume within the right of way, a large section of the right of way will be excavated. As Alternative 3 has similar treatment volume but with a higher cost, Alternative 2 was chosen. For this chosen alternative, Mead&Hunt Page 52 only the land acquisition will be factored within this facilities plan, so the estimate for this project is $200,000. 4.12 Environmental Impacts and Mitigation None of the recommended improvement alternatives involve any estimated environmental impacts for the construction of the improvements. Therefore, no mitigation for such would be required. The construction activities will be governed by local jurisdictional, State and Federal requirements for construction activity erosion and sediment control. The construction contracts will require the contractors to have a plan in place for the control of erosion and sediments. The contracts will also require plans for the prevention of wastewater discharge and the proper disposal of all wastewater and system contents. Mead&Hunt Page 53 5.0 IMPLEMENTATION AND FINANCIAL PLANNING 5.1 Implementation Schedule At this time the City intends to pursue the projects individually or in multiple groups. Therefore, the following estimated implementation schedule was developed to represent the span between the earliest individual project start and the latest individual project completion. It is expected all projects will be completed prior to September 2021 The estimated timeline of implementation is provided in Table 5-1. Table 5-1 Project Implementation Schedule Activity Estimated Dates Start Design on First Project 3/19 Start Design on Remainder of Projects Various dates in 2019 Finish Design on Last Project 3/20 Permitting of All Projects, Complete 5/20 Bidding of First Project 7/19 Construction Start, First Project 9/19 Construction End, Last Project 9/21 5.2 Permitting Compliance The wastewater system improvements will be designed, constructed, and operated in accordance with Federal, State, and local regulations.The following list identifies the anticipated permits and approvals required for the City wastewater system improvements, construction, and operation. State of Florida • Domestic Wastewater Facilities Permit Application — FDEP • Domestic Wastewater Collection/Transmission System Permit Application — FDEP City of Cape Canaveral • Building Permit(s) The City will acquire these permits prior to bidding the construction contracts. Additional permitting may be required for the construction based on the contractor's means and methods. These may include a NPDES Construction Activities Permit from FDEP and/or a Mead&Hunt Page 54 Dewatering Permit from St. Johns River Water Management District. The construction contract(s) will require the contractor(s) to acquire these permits. 5.3 Public Participation (SECTION NEEDS REVISIONS AFTER COUNCIL MEETING ON 2/19/18) A public hearing will be held with the City Council on February 19, 2019. A notice of the public hearing was published per the City noticing requirements in the local paper prior to the meeting. A copy of the notice is provided in Appendix_.A summary of the comments received at the public hearing is also provided in Appendix_. This planning document was adopted by the City at the _ Council meeting by Resolution _. A copy of the Resolution is provided in the Appendix. 5.4 Capital Finance Plan (SECTION NEEDS REVISIONS AFTER COUNCIL MEETING ON 2/19/18) The City is responsible for financing its wastewater system improvements and plans to use SRF loan funding and any other available outside funding sources to minimize the financial impact of the overall combined projects on the rate-payers. The pledged revenues supporting this debt issue will be the gross revenues derived yearly from the wastewater and stormwater utilities. A copy of the Capital Financing Plan worksheet (Form WW-2b) for an SRF loan to help finance the plan is provided in the Appendix. The City has sufficient funds to repay this SRF Loan with no additional rate adjustments other than those already in place. Mead&Hunt Page 55 APPENDICES Mead&Hunt Page 56 Attachment 2 Financial Services Memo Honorable Mayor and Members of City Council via: David L. Greene, City Manager FROM: John De Leo, Administrative/Financial Services Director DATE: February 22, 2019 RE: City Loan/Debt Status and pending State Revolving Fund (SRF) Loans This memorandum is provided to Council based on a request from Council Member Morrison for Loan/Debt status and New SRF Loans being pursued by City Staff. To ensure a better understanding and provide clarity, City Loan/Debt must be distinguished between the General Fund and the Enterprise Fund. The General Fund has two Capital Improvement Revenue notes: Series 2014 Note $5.5M and Series 2017 Note $6.2M. Both are ten-year loans with a 1.99% and 2.05% interest rate, respectively. The remaining balance on the 2014 note is$3.1 M, fully paid February 2024. The remaining balance on the 2017 note is $5.7M, fully paid February 2027. The Enterprise Fund has two SRF Loans, which fund various wastewater and stormwater projects, SRF 50 $5.2M and SRF 51 $2.7M. Both are 20-year loans with a 1.68% and 1.47% interest rate, respectively. The remaining balance on SRF 50 is $ 4.0M, fully paid June 2031 and SRF 51 $2.6M, fully paid August 2038. The total debt for General Fund stands at $8.8M. The total debt for Enterprise Fund stands at $6.6M. Overall current debt: $15.4M Debt Service Percent: 8.5% New SRF Loans The City is pursuing two New SRF Loans, pending Council approval. Both were presented (first reading) at the February 19th Council Meeting. The first for $6.5M (Ordinance No. 06-2019) and the second for $800,000 (Ordinance No. 07-2019). 1 These loans will be fully supported by pledged revenues and use no ad valorem tax revenue. The $6.5M loan would fund wastewater/stormwater projects at an interest rate not to exceed 1.9% (20-year term). The semi-annual loan payments would be $249,230 and would be paid in full FY 2038. The total interest would be approximately $305,000. Built in to this$6.5M loan is a 20% contingency in the event of fluctuating project costs. If approved, Engineering design fees could be available by August 2019. Repayment of engineering fees would begin in FY 2020 ($18K initially)and not until FY 2021 would semi-annual payments referenced above be incurred based on the total loan amount. Currently, there is $1.3M in projects approved by Council in the FY18/19 Budget that would be funded by this loan, if approved. The $800,000 loan would be added to the City's existing SRF 50/51 Loans to fund wastewater projects already in progress (Oxidation Ditch $500K) and (Holman Road Project $300k). This loan would increase current loan payments for SRF 50/51 by approximately $33,000 a year. The interest rate would be the same as current SRF 50/51 Loan rates as stated above. The City's Debt coverage will initially be 2.9x almost triple of the required 1.15x. After Capital Improvement Note 2014, Series is satisfied in February 2024. This will allow the allocated $315,000 annually to flow back in the Enterprise Fund. This will help sustain more than adequate coverage required for the life of the loan. The City's overall debt with New SRF Loan when added will total $22.7M The Debt Service Percent: 10.5% Additional information provided based on inquiry (Council Member Morrison) • The total dollars in City reserves is currently $10,827,126. • Had Amendment 1 passed General Fund Revenues would have been reduced by approximately$200K per year, affecting the City around November 2019. • Impact fees to be earned are located in the Revenue Section of the Budget (page 23). New Hotel Impact fees will be realized when the Certificate of occupancy (CO) is issued. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 7 Subject: Ordinance No. 06-2019; relating to the State Revolving Fund Program; pursuant to Section 2.12(5) of the City Charter authorizing one or more loan applications to be filed with the State of Florida Department of Environmental Protection in a total amount not to exceed six million five hundred thousand dollars for purposes of funding certain wastewater and stormwater improvement projects; authorizing the loan agreement(s); establishing pledged revenues; designating authorized representatives; providing assurances; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date; second reading. Department: Capital Projects Summary: The City completed payment on two State Revolving Fund (SRF) Program loans with Florida Department of Environmental Protection (FDEP) in January and October 2016. Moneys from these two SRF Program loans (combined total of approximately eight million dollars) were used to finance upgrades to the Water Reclamation Facility (WRF) beginning in 1996; these upgrades were the first large-scale improvements to the WRF since initial construction in 1966. The City obtained an additional SRF Program loan in the amount of approximately eight million dollars in 2013. Projects completed with this funding included: • Construction of a 2.5-million gallon reclaimed water tank; • Installation of an additional belt press with extensive building expansion; • Rebuild (complete) of the oxidation ditch and conversion of the equalization tank into a backup oxidation ditch system; • Replacement of the gravity sewer pipe along Holman Road; • Replacement of the gravity sewer pipe from Holman Road to Lift Station No. 2; and • Extensive repairs to the stormwater pipe along West Central Boulevard. Obtaining this SRF Program loan allowed for the City's Enterprise Capital Fund to be used for other major improvement projects such as: • North Atlantic Avenue Streetscape Project; • City Park Exfiltration Project; • Replacement of Force Main No. 3; • Replacement of Lift Station Nos. 6 and 7; and • Banana River shoreline improvements at the WRF, Manatee Sanctuary Park and Banana River Park. This SRF Program loan will be paid in full in 2038 with semi-annual payments of$249,230. Proposed Additional SRF Loan. In order to provide adequate funds to (1) improve several processes at the WRF, (2)replace/rehab equipment that is approaching (or is past)its estimated life span, (3)construct numerous collections system improvement projects and(4)purchase land for use as a stormwater park, Staff is recommending the City enter into one or more loan agreement(s) with FDEP for approximately six and one-half million dollars from the SRF Program. These funds will be used to construct nine capital improvement projects. There are City Council Meeting Date: 03/19/2019 Item No. 7 Page 2 of 2 numerous benefits to obtaining an additional SRF Program loan(s) at this time including the following: • SRF Program loan interest rate for engineering design is not expected to exceed a maximum of 2.9% (20-year term); • SRF Program loan interest rate for construction is not expected to exceed a maximum of 1.9% (20-year term); • Deferred maintenance and outdated equipment has caused a backlog of wastewater- related improvement projects; • WRF equipment is nearing its estimated maximum life span; • New/updated infrastructure will improve services to residents; • Opportunity is available to obtain property for a strategically-located stormwater detention pond; • Proposed capital improvement projects support the Visioning Process; and • Proposed capital improvement projects are energy-efficient, benefit the environment (Banana River) and contribute to the overall sustainability of the City. If approved, preconstruction moneys for engineering design fees and other preliminary tasks will be available to the City in mid-2019. A Construction Loan Application will then be submitted to obtain construction project funds. Ordinance No. 06-2019 is included as Attachment #1; a tentative SRF Program Project Summary is included as Attachment #2; a memorandum from the Finance Director detailing City Loan/Debt Status is included as Attachment#3. A Notice of Hearing was advertised in Florida Today on March 7, 2019. Submitting Department Director: Jeff Ratliff Date: 3/6/19 Attachments: #1- Ordinance No. 06-2019 #2 - SRF Program Project Summary #3 - City Loan/Debt Status Memorandum Financial Impact: The $6.5M SRF Loan will be funded by Wastewater and Stormwater Enterprise Funds. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/6/19 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 06-2019, second reading. Approved by City Manager: David L. Greene Date: 3/6/19 Attachment 1 1 ORDINANCE NO. 06-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA; RELATING TO THE 5 STATE REVOLVING FUND PROGRAM; PURSUANT TO SECTION 6 2.12(5) OF THE CITY CHARTER AUTHORIZING ONE OR MORE LOAN 7 APPLICATIONS TO BE FILED WITH THE STATE OF FLORIDA 8 DEPARTMENT OF ENVIRONMENTAL PROTECTION IN A TOTAL 9 AMOUNT NOT TO EXCEED SIX MILLION FIVE HUNDRED 10 THOUSAND DOLLARS FOR PURPOSES OF FUNDING CERTAIN 11 WASTEWATER AND STORMWATER IMPROVEMENT PROJECTS; 12 AUTHORIZING THE LOAN AGREEMENT(S); ESTABLISHING 13 PLEDGED REVENUES; DESIGNATING AUTHORIZED 14 REPRESENTATIVES; PROVIDING ASSURANCES; PROVIDING FOR 15 THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND 16 RESOLUTIONS, SEVERABILITY AND AN EFFECTIVE DATE. 17 18 WHEREAS,the City is granted the authority, under Section 2(b), Article VIII, of the State 19 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 20 law; and 21 22 WHEREAS, Florida Statutes provide for loans to local government agencies to finance 23 the planning, design and construction of water pollution control facilities; and 24 25 WHEREAS,Florida Administrative Code rules require authorization to apply for loans; to 26 establish pledged revenues; to designate an authorized representative; to provide assurances of 27 compliance with loan program requirements; and to enter into loan agreements; and 28 29 WHEREAS,the State Revolving Fund (SRF) Program loan priority list designates Project 30 Number WW05053 as eligible for available funding; and 31 32 WHEREAS, the City of Cape Canaveral, Florida, intends to enter into one or more loan 33 agreements with the Department of Environmental Protection (hereinafter referred to as the 34 "Department")under the SRF Program for project financing; and 35 36 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 37 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape 38 Canaveral. 39 40 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY 41 OF CAPE CANAVERAL,BREVARD COUNTY,FLORIDA,AS FOLLOWS: 42 43 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this 44 reference as legislative findings and the intent and purpose of the City Council of the City of Cape 45 Canaveral. City of Cape Canaveral Ordinance No. 06-2019 Page 1 of 4 1 Section 2. Legal Authority. The legal authority for borrowing moneys to construct the 2 projects is established in Chapter 166, Florida Statutes and Section 2.12(5) of the Cape Canaveral 3 Charter. 4 5 Section 3. Authorization. The City Council of the City of Cape Canaveral hereby 6 authorizes City staff, on behalf of the City, to apply for one or more State of Florida revolving 7 loans for water pollution control in the amount of approximately Six Million Five Hundred 8 Thousand and No/100 Dollars ($6,500,000.00) to finance the preconstruction activities and 9 construction of certain wastewater and stormwater improvements (hereinafter"Loan"). 10 11 Section 4. Establishing Pledged Revenues. The revenues pledged for the repayment of 12 the Loan(s) are net sewer and stormwater utility system revenues after payment of operating and 13 maintenance expenses of the systems and of debt service on any previous SRF loans of the City. 14 15 Section 5. Description of Loan(s) and any Associated Notes. The Loan(s) and any 16 associated Note(s) shall be dated the date of its execution and delivery, which shall be a date agreed 17 upon by the City and the Department, subject to the following terms: 18 19 (A) Construction Loan Interest Rate. The interest rate shall have a fixed interest rate not to 20 exceed 1.9% for construction loans and a fixed interest rate not to exceed 2.9% for planning and 21 design loans, subject to adjustment upon the occurrence of certain non or late payment events as 22 expressly provided in the Loan(s) and any associated Note(s). 23 24 (B) Principal and Interest Payment Dates. Principal and interest payments shall be made in 25 accordance with the terms and conditions approved by the City Manager in the Loan 26 Application(s). 27 28 (C) Form of any Notes. Any Note(s) required by the lender shall be in form approved by 29 the City Manager and City Attorney consistent with the terms and conditions of this Ordinance. 30 31 Section 6. Designation of City's Lead Authorized Representative. The City Council of 32 the City of Cape Canaveral hereby designates the City Manager as the City's lead authorized 33 representative to provide the assurances and commitments required by the loan application(s) and 34 delegate responsibility to appropriate City staff to execute disbursement requests, carry out 35 technical, financial and administrative activities associated with the Loan Agreement(s). 36 37 Section 7. Limitation of Rights. With the exception of any rights herein expressly 38 conferred, nothing expressed or mentioned in or to be implied from this Ordinance or any notes 39 executed in furtherance of this Ordinance are intended or shall be construed to give to any person 40 other than the City and the Department any legal or equitable right, remedy or claim under or with 41 respect to this Ordinance or any covenants, conditions and provisions herein contained; this 42 Ordinance and all of the covenants, conditions and provisions hereof being intended to be and 43 being for the sole and exclusive benefit of the City and the Department. 44 45 Section 8. General Authority. The Mayor, City Manager, Assistant City Manager, City 46 Attorney, and Finance Director of the City, or any of them, are hereby authorized, in connection with 47 the Loan(s) and to do all things and to take any and all actions on behalf of the City; to execute City of Cape Canaveral Ordinance No. 06-2019 Page 2 of 4 1 and deliver any notes and documents; to provide disclosures concerning the City; and to finalize 2 and close the transactions specified in all such agreements or arrangements (including any 3 amendments or modifications thereof), including, without limitation, the execution and delivery 4 of any and all documents and instruments deemed appropriate by any of such officers, and the 5 making of any appropriate statements, representations, certifications and confirmations on behalf 6 of the City, and in their respective capacities as officers thereof, necessary, appropriate or 7 convenient to effectuate and expedite the consummation of the transactions specified herein, and 8 any and all of the covenants, agreements and conditions of the City; the approval of the City and 9 all corporate power and authority for such actions to be conclusively evidenced by the execution 10 and delivery thereof by any of such officers. 11 12 Section 9. Execution and Authentication of Loan(s). The Loan(s), and any 13 associated Note(s), shall be executed in the name of the City by its Mayor and the corporate seal 14 of the Issuer or a facsimile thereof shall be affixed thereto or reproduced thereon and attested by 15 its City Clerk. The authorized signatures for the Mayor and City Clerk shall be either manual or 16 in facsimile. Any Loan(s) and associated Note(s) may be signed and sealed on behalf of the City 17 by such person as at the actual time of the execution of such Loan(s) and associated Note(s) 18 shall hold the proper office, although at the date of such Loan(s) and associated Note(s) such 19 person may not have held such office or may not have been so authorized. 20 21 Section 10. Application of Proceeds. Proceeds received by the City from the Loan(s) 22 shall be used to pay the costs incurred by the City for the preconstruction activities and 23 construction of certain wastewater and stormwater improvements authorized by Section 3 of this 24 Ordinance. 25 26 The City Manager shall establish and create funds and accounts to maintain the 27 loan proceeds and such funds and accounts shall be considered trust funds for the purpose 28 provided herein for such funds. Moneys on deposit to the credit of all funds and accounts created 29 hereunder may be invested pursuant to applicable law and the City's written investment 30 policy and shall mature not later than the dates on which such moneys shall be needed to make 31 payments in the manner herein provided. The securities so purchased as an investment of funds 32 shall be deemed at all times to be a part of the account from which the said investment was 33 withdrawn, and the interest accruing thereon and any profit realized therefrom shall be credited 34 to such fund or account, except as expressly provided in this Ordinance, and any loss resulting 35 from such investment shall likewise be charged to said fund or account. 36 37 Section 11. Payment of Principal and Interest; Limited Obligation. The City 38 promises that it will promptly pay the principal of and interest on the Loan(s) at the place, on the 39 dates and in the manner provided therein according to the true intent and meaning hereof and 40 thereof. The Loan(s) shall be secured by a pledge of and lien upon the Pledged Revenues in the 41 manner and to the extent described herein. The Loan(s) shall not be or constitute general 42 obligations or indebtedness of the City as a "bond" within the meaning of Article VII, 43 Section 12 of the Constitution of Florida, but shall be payable solely from the Pledged 44 Revenues in accordance with the terms hereof. No holder of the Loan(s) issued hereunder shall 45 ever have the right to compel the exercise of any ad valorem taxing power or the use of ad 46 valorem tax revenues to pay such Loan(s), or be entitled to payment of such Loan(s) from any 47 funds of the City except from the Pledged Revenues as described herein. City of Cape Canaveral Ordinance No. 06-2019 Page 3 of 4 1 Section 12. Tax Covenant. The City covenants to the Department of the proceeds provided 2 for in this Ordinance that the City will not make any use of the proceeds received hereunder any 3 time during the term of the Loan(s) which, if such use had been reasonably expected on the date 4 the Loan(s) was issued, would have caused such Loan(s) to be an "arbitrage bond" within the 5 meaning of the Internal Revenue Code. The City will comply with the requirements of the Internal 6 Revenue Code and any valid and applicable rules and regulations promulgated thereunder 7 necessary to ensure, to the extent applicable, the exclusion of interest on the Loan(s)from the gross 8 income of the holders of the Loan(s)thereof for purposes of federal income taxation. 9 10 Section 13. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 11 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 12 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 13 14 Section 14. Not Incorporated into Code. This Ordinance shall not be incorporated into 15 the Cape Canaveral City Code. 16 17 Section 15. Severability. If any section, subsection, sentence, clause, phrase, word or 18 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 19 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall 20 be deemed a separate, distinct and independent provision, and such holding shall not affect the 21 validity of the remaining portions of this Ordinance. 22 23 Section 16. Effective Date. This Ordinance shall become effective immediately upon 24 adoption by the City Council of the City of Cape Canaveral, Florida. 25 26 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of 27 March, 2019. 28 29 30 Bob Hoog, Mayor 31 32 ATTEST: Name FOR AGAINST 33 34 Mike Brown 35 36 Mia Goforth, CMC, Bob Hoog 37 City Clerk 38 Wes Morrison 39 First Reading: February 19, 2019 40 Advertisement: March 7, 2019 Rocky Randels 41 Second Reading: March 19, 2019 42 Angela Raymond 43 Approved as to legal form and sufficiency 44 for the City of Cape Canaveral only by: 45 46 47 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 06-2019 Page 4 of 4 Proposed SRF Projects and Estimated Costs Attachment 2 Project Engineering Technical Construction Scheduled Fiscal Costs* Services Costs* Cost* Years Intermediate Lift Station Rehab $39,100 $30,400 $355,000 19/20-20/21 WWTP SCADA System Improvements $75,300 $58,600 $960,000 19/20-20/21 Rehab Lift Station No.3 $25,000 $19,400 $320,000 19/20-20/21 Replace Force Main No. 7 $26,400 $20,500 $340,000 19/20-20/21 Effluent/Influent Disk/Drum Filters $106,000 $82,400 $1,350,000 19/20-20/21 Construct Pump and SO2 Bulidings $96,000 $74,700 $1,225,000 19/20-20/21 Subtotal (FYI 18/19-19/20 $367,800 $286,000 $4,550,000 Rehab Lift Station No.8 $29,600 $23,000 $380,000 20/21-21/22 Relocate Lift Station No. 5 $49,600 $38,600 $380,000 20/21-21/22 Center Street Stormwater Park (Land purchase only) $3,000 $2,400 $295,000 20/21-21/22 $6,500,000 Subtotal (FY 19/20-20/21) $82,200 $64,000 $1,150,000 Grand Total $450,000 $350,000 $5,700.000 *-From 2019 draft Facilities Plan **- From 2019 draft Facilities Plan and includes 20% contingency. Attachment 3 Financial Services Memo Hononrable Mayor and Members of City Council via: David L. Greene, City Manager FROM: John De Leo, Administrative/Financial Services Director DATE: February 22, 2019 RE: City Loan/Debt Status and pending State Revolving Fund (SRF) Loans This memorandum is provided to Council based on a request from Council Member Morrison for Loan/Debt status and New SRF Loans being pursued by City Staff. To ensure a better understanding and provide clarity, City Loan/Debt must be distinguished between the General Fund and the Enterprise Fund. The General Fund has two Capital Improvement Revenue notes: Series 2014 Note $5.5M and Series 2017 Note $6.2M. Both are ten-year loans with a 1.99% and 2.05% interest rate, respectively. The remaining balance on the 2014 note is$3.1 M, fully paid February 2024. The remaining balance on the 2017 note is $5.7M, fully paid February 2027. The Enterprise Fund has two SRF Loans, which fund various wastewater and stormwater projects, SRF 50 $5.2M and SRF 51 $2.7M. Both are 20-year loans with a 1.68% and 1.47% interest rate, respectively. The remaining balance on SRF 50 is $ 4.0M, fully paid June 2031 and SRF 51 $2.6M, fully paid August 2038. The total debt for General Fund stands at $8.8M. The total debt for Enterprise Fund stands at $6.6M. Overall current debt: $15.4M Debt Service Percent: 8.5% New SRF Loans The City is pursuing two New SRF Loans, pending Council approval. Both were presented (first reading) at the February 19th Council Meeting. The first for $6.5M (Ordinance No. 06-2019) and the second for $800,000 (Ordinance No. 07-2019). 1 These loans will be fully supported by pledged revenues and use no ad valorem tax revenue. The $6.5M loan would fund wastewater/stormwater projects at an interest rate not to exceed 1.9% (20-year term). The semi-annual loan payments would be $249,230 and would be paid in full FY 2038. The total interest would be approximately $305,000. Built in to this$6.5M loan is a 20% contingency in the event of fluctuating project costs. If approved, Engineering design fees could be available by August 2019. Repayment of engineering fees would begin in FY 2020 ($18K initially)and not until FY 2021 would semi-annual payments referenced above be incurred based on the total loan amount. Currently, there is $1.3M in projects approved by Council in the FY18/19 Budget that would be funded by this loan, if approved. The $800,000 loan would be added to the City's existing SRF 50/51 Loans to fund wastewater projects already in progress (Oxidation Ditch $500K) and (Holman Road Project $300k). This loan would increase current loan payments for SRF 50/51 by approximately $33,000 a year. The interest rate would be the same as current SRF 50/51 Loan rates as stated above. The City's Debt coverage will initially be 2.9x almost triple of the required 1.15x. After Capital Improvement Note 2014, Series is satisfied in February 2024. This will allow the allocated $315,000 annually to flow back in the Enterprise Fund. This will help sustain more than adequate coverage required for the life of the loan. The City's overall debt with New SRF Loan when added will total $22.7M The Debt Service Percent: 10.5% Additional information provided based on inquiry (Council Member Morrison) • The total dollars in City reserves is currently $10,827,126. • Had Amendment 1 passed General Fund Revenues would have been reduced by approximately$200K per year, affecting the City around November 2019. • Impact fees to be earned are located in the Revenue Section of the Budget (page 23). New Hotel Impact fees will be realized when the Certificate of occupancy (CO) is issued. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 8 Subject: Ordinance No. 07-2019; relating to the State Revolving Fund Program; pursuant to Section 2.12(5) of the City Charter amending Ordinance No. 01-2013 to increase the total authorized loan amount by an additional eight hundred thousand dollars for purposes of funding certain pending wastewater and stormwater improvement projects; providing for the full force and effect of Ordinance No. 01-2013 as amended herewith, repeal of prior inconsistent ordinances and resolutions, severability and an effective date; second reading. Department: Capital Projects Summary: The City completed payment on two State Revolving Fund (SRF) Program loans with Florida Department of Environmental Protection (FDEP) in January and October 2016. Moneys from these two SRF Program loans (combined total of approximately eight million dollars) were used to finance upgrades to the Water Reclamation Facility (WRF) beginning in 1996; these upgrades were the first large-scale improvements to the WRF since initial construction in 1966. The City obtained an additional SRF Program loan in an amount not to exceed eight million dollars in 2013 to fund both engineering design and construction costs. Obtaining the SRF Program loan allowed for the City's Enterprise Capital Fund to be used for other major improvement projects and routine maintenance tasks.Projects completed with this SRF Program loan and benefits to the City included: • Construction of a 2.5-million gallon reclaimed water tank — increased storage and availability of reclaimed water to residents; • Installation of an additional belt press with extensive building expansion —redundancy in belt press operations; • Rebuild (complete) of the oxidation ditch and conversion of the equalization tank into a backup oxidation ditch system—redundancy in the wastewater treatment process; • Replacement of the gravity sewer line along Holman Road (Phase I)—improved service to residents, increased sewer capacity for future growth and elimination of sewer leakage; • Replacement of the gravity sewer line from Holman Road to Lift Station No. 2 (Phases II/III ongoing)—improved service to residents, increased capacity for future growth and elimination of sewer leakage; and • Extensive repairs to the stormwater line along West Central Boulevard— elimination of groundwater leakage into pipe thus decreasing discharge to the Banana River. Many of these projects, although completed as part of the sanitary sewer system, provide direct benefits to the Indian River Lagoon (IRL) system including: • Eliminating leakage of raw sewage into the surficial aquifer—reduction in nitrogen and phosphorous which eventually discharges to the Banana River; • Limiting infiltration/inflow[I/I] of groundwater to sewer and stormwater pipes—leakage into sewer pipes requires increased treatment at the WRF—leakage into stormwater pipes directly discharges to the Banana River; and • Expanding the City's reclaimed water system thus limiting discharges of treated wastewater to the Banana River from the WRF. City Council Meeting Date: 03/19/2019 Item No. 8 Page 2 of 2 Changes to the Oxidation Ditch Project Scope and Budget. During rehabilitation of the oxidation ditch at the WRF, many unforeseen conditions were encountered which required corrective action. Upon emptying the oxidation ditch of effluent, the following deficiencies became apparent: • Excessive amounts of sediment/sludge were present in the lower portion of the oxidation ditch which required extraction and offsite disposal; • The catwalks and walkways were determined to be severely impacted (requiring total replacement) and constituted a significant safety hazard; and • Numerous areas of the ditch walls required patching/reinforcement due to cracking. Additional Funding Request.Five of the projects included in the SRF Program loan,including the Oxidation Ditch Rehabilitation Project, are already completed. Only the final portion of the Holman Road Sewer Replacement Project(Phases II/III)remains. Although the oxidation ditch work is complete, the City is requesting additional funding be added to the SRF Program loan to ensure; • Additional moneys for tasks already completed for the Oxidation Ditch Rehabilitation Project(approximately $500,000); and • Adequate moneys to complete the Holman Road Sewer Replacement Project (Phases II/III - $300,000). Therefore, the City is requesting that an additional eight hundred thousand dollars ($800,000) be added to the existing SRF Program loan to fully complete all six improvement projects. A copy of Ordinance No. 07-2019 is included as Attachment#1; a memorandum from the Finance Director detailing the City Loan/Debt Status is included as Attachment#2. A Notice of Hearing was advertised in Florida Today on March 7, 2019. Submitting Department Director: Jeff Ratliff.. Date: 3/6/19 Attachments: #1 - Ordinance No. 07-2019 #2 - City Loan/Debt Status Memorandum Financial Impact: The $800,000 SRF Loan will be funded by Wastewater and Stormwater Enterprise Funds. Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/6/19 The City Manager recommends that City Council take the following action: Adopt Ordinance No. 07-2019, second reading. Approved by City Manager: David L. Greene Date: 3/6/19 Attachment 1 1 ORDINANCE NO. 07-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, BREVARD COUNTY, FLORIDA: RELATING TO THE 5 STATE REVOLVING FUND PROGRAM; PURSUANT TO SECTION 6 2.12(5) OF THE CITY CHARTER AMENDING ORDINANCE NO. 01-2013 7 TO INCREASE THE TOTAL AUTHORIZED LOAN AMOUNT BY AN 8 ADDITIONAL EIGHT HUNDRED THOUSAND DOLLARS FOR 9 PURPOSES OF FUNDING CERTAIN PENDING WASTEWATER AND 10 STORMWATER IMPROVEMENT PROJECTS; PROVIDING FOR THE 11 FULL FORCE AND EFFECT OF ORDINANCE NO. 01-2013 AS 12 AMENDED HEREWITH, REPEAL OF PRIOR INCONSISTENT 13 ORDINANCES AND RESOLUTIONS, SEVERABILITY AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, Florida Statutes provide for loans to local government agencies to finance 17 the construction of water pollution control facilities; and 18 19 WHEREAS, the City Council previously approved Ordinance No. 01-2013 authorizing 20 one or more loan applications to be filed with the State of Florida Department of Environmental 21 Protection in a total amount of$8,000,000 for certain wastewater and stormwater projects; and 22 23 WHEREAS, since the authorization was approved by the City Council, the City has 24 entered into an SRF Loan Agreement, account numbers 05050 and 05051, and has funded and 25 completed most of the projects planned at the time Ordinance No. 01-2013 was adopted; and 26 27 WHEREAS, due to additions to the scope of work related to the projects and recent 28 increased construction costs, the City requires additional SRF funding to complete the remaining 29 projects and cover the costs associated thereto; and 30 31 WHEREAS, the City Council finds that this Ordinance is in the best interests of the 32 public health, safety and welfare of the citizens of Cape Canaveral, Florida. 33 34 NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS 35 AS FOLLOWS: 36 37 SECTION 1. Recitals. The foregoing findings are incorporated herein by reference 38 and made a part hereof. 39 40 SECTION 2. Legal Authority. The legal authority for borrowing moneys to 41 construct the projects is established in Chapter 166, Florida Statutes and Section 2.12(5) of the 42 Cape Canaveral Charter. 43 44 SECTION 3. Authorization. The City Council of the City of Cape Canaveral hereby 45 amends Section 3 of Ordinance No. 01-2013 to increase the authorized total loan amount to read 46 as follows: City of Cape Canaveral Ordinance No. 07-2019 Page 1 of 2 1 The City Council of the City of Cape Canaveral hereby authorizes City staff, on behalf of 2 the City, to apply for one or more State of Florida revolving loans for point source water 3 pollution control in the amount of approximately Eight Million Eight Hundred Thousand Dollars 4 ($8,800,000.00) to finance the preconstruction activities and construction of certain wastewater 5 and stormwater improvements (hereinafter"Loan"). 6 7 SECTION 4. Full Force and Effect of Ordinance No. 01-2013. All other terms and 8 conditions of Ordinance No. 01-2013 not expressly modified by this Ordinance shall remain in 9 full force and effect. 10 11 SECTION 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 12 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 13 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 14 15 SECTION 6. Not Incorporated into Code. This Ordinance shall not be incorporated 16 into the Cape Canaveral City Code. 17 18 SECTION 7. Severability. If any section, subsection, sentence, clause, phrase, word or 19 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 20 competent jurisdiction, whether for substantive, procedural or any other reason, such portion 21 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 22 the validity of the remaining portions of this Ordinance. 23 24 SECTION 8. Effective Date. This Ordinance shall become effective immediately 25 upon adoption by the City Council of the City of Cape Canaveral, Florida. 26 27 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of 28 March, 2019. 29 30 31 ATTEST: Bob Hoog, Mayor 32 Name FOR AGAINST 33 34 Mike Brown 35 Mia Goforth, CMC, 36 City Clerk Robert Hoog 37 38 First Reading: February 19, 2019 Wes Morrison 39 Advertisement: March 7, 2019 40 Second Reading: March 19, 2019 Rocky Randels 41 42 Approved as to legal form and sufficiency Angela Raymond 43 for the City of Cape Canaveral only by: 44 45 46 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No. 07-2019 Page 2 of 2 Attachment 2 Financial Services Memo Honorable Mayor and Members of City Council via: David L. Greene, City Manager FROM: John De Leo, Administrative/Financial Services Director DATE: February 22, 2019 RE: City Loan/Debt Status and pending State Revolving Fund (SRF) Loans This memorandum is provided to Council based on a request from Council Member Morrison for Loan/Debt status and New SRF Loans being pursued by City Staff. To ensure a better understanding and provide clarity, City Loan/Debt must be distinguished between the General Fund and the Enterprise Fund. The General Fund has two Capital Improvement Revenue notes: Series 2014 Note $5.5M and Series 2017 Note $6.2M. Both are ten-year loans with a 1.99% and 2.05% interest rate, respectively. The remaining balance on the 2014 note is$3.1 M, fully paid February 2024. The remaining balance on the 2017 note is $5.7M, fully paid February 2027. The Enterprise Fund has two SRF Loans, which fund various wastewater and stormwater projects, SRF 50 $5.2M and SRF 51 $2.7M. Both are 20-year loans with a 1.68% and 1.47% interest rate, respectively. The remaining balance on SRF 50 is $ 4.0M, fully paid June 2031 and SRF 51 $2.6M, fully paid August 2038. The total debt for General Fund stands at $8.8M. The total debt for Enterprise Fund stands at $6.6M. Overall current debt: $15.4M Debt Service Percent: 8.5% New SRF Loans The City is pursuing two New SRF Loans, pending Council approval. Both were presented (first reading) at the February 19th Council Meeting. The first for $6.5M (Ordinance No. 06-2019) and the second for $800,000 (Ordinance No. 07-2019). 1 These loans will be fully supported by pledged revenues and use no ad valorem tax revenue. The $6.5M loan would fund wastewater/stormwater projects at an interest rate not to exceed 1.9% (20-year term). The semi-annual loan payments would be $249,230 and would be paid in full FY 2038. The total interest would be approximately $305,000. Built in to this$6.5M loan is a 20% contingency in the event of fluctuating project costs. If approved, Engineering design fees could be available by August 2019. Repayment of engineering fees would begin in FY 2020 ($18K initially)and not until FY 2021 would semi-annual payments referenced above be incurred based on the total loan amount. Currently, there is $1.3M in projects approved by Council in the FY18/19 Budget that would be funded by this loan, if approved. The $800,000 loan would be added to the City's existing SRF 50/51 Loans to fund wastewater projects already in progress (Oxidation Ditch $500K) and (Holman Road Project $300k). This loan would increase current loan payments for SRF 50/51 by approximately $33,000 a year. The interest rate would be the same as current SRF 50/51 Loan rates as stated above. The City's Debt coverage will initially be 2.9x almost triple of the required 1.15x. After Capital Improvement Note 2014, Series is satisfied in February 2024. This will allow the allocated $315,000 annually to flow back in the Enterprise Fund. This will help sustain more than adequate coverage required for the life of the loan. The City's overall debt with New SRF Loan when added will total $22.7M The Debt Service Percent: 10.5% Additional information provided based on inquiry (Council Member Morrison) • The total dollars in City reserves is currently $10,827,126. • Had Amendment 1 passed General Fund Revenues would have been reduced by approximately$200K per year, affecting the City around November 2019. • Impact fees to be earned are located in the Revenue Section of the Budget (page 23). New Hotel Impact fees will be realized when the Certificate of occupancy (CO) is issued. [City Seal] City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 03/19/2019 Item No. 9 Subject: Ordinance No. 08-2019; changing the Zoning Map Designation of certain real property generally located at 8550 Astronaut Boulevard in Cape Canaveral, Florida, and more particularly depicted and legally described on Exhibit "A" attached hereto, from "C-2 Commercial/Manufacturing" to "PD Planned Development" subject to the Land Use Plan approved by the City Council in conjunction with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability and an effective date, first reading. (Tom C. Hermansen/Cape Canaveral Joint Venture, Applicant/Owner) Department: Community Development(CD) Summary: This request is for a rezoning from C-2 Commercial/Manufacturing to Planned Development(PD)to allow for a mixed-use project consisting of climate-controlled self-storage facility, C-2 uses and 2 one-acre commercial outparcels. The parcel #24-37-15-00-815 is 12.42 acres, has an address of 8550 Astronaut Boulevard (Attachment 1) and is within the AlA Economic Opportunity Overlay District (EOOD), which allows the proposed uses in the PD zoning district. As referenced in the submitted Site Plan (Attachment 2), the PD request would expand the current C-2 uses allowed under the current zoning district, by adding the right to develop up to 90,000 square feet of climate-controlled self-storage within the existing 161,000 square foot building (Phase 1). In addition, 2 commercial/retail outparcels, totaling 2.17 acres, fronting Astronaut Boulevard are proposed. These will be developed when tenants/buyers are identified (Phase 2). Should the outparcels be sold, a new plat will be required. The parcel is located in Flood Zone X, which indicates that the parcel is outside the 100-year flood zone. There are no jurisdictional wetlands on-site. Maximum impervious area allowed in the AlA Economic Opportunity Overlay District shall not exceed 80 percent. The process for reviewing a PD application is outlined in Sections 110-740 thru 742 of City Code. In general, the approval process includes: 1 - submittal and review of a Concept Plan by the City Development Review Committee (DRC); 2 - review and recommendation of a Land Use Plan by the Planning & Zoning (P&Z) Board; and, 3 -final approval of the Land Use Plan by the City Council. The DRC met on June 21,2018 to discuss the proposed rezoning application and project. On July 25, 2018, the P&Z Board considered the application and recommended approval to the City Council, subject to the following conditions: • Proposed .5-acre retention area between Astronaut Boulevard and commercial retail buildings shall be landscaped. • Trees and/or additional landscaping added within the bounds of existing parking area. These conditions will be implemented during the site plan review process. City Code establishes certain criteria when reviewing a PD application, to include: • Degree of departure of proposed planned development from surrounding areas in terms of character, density and intensity of use. City Council Meeting Date: 03/19/2019 Item No. 9 Page 2 of 3 • Compatibility within the planned development and relationship with surrounding neighborhoods and other uses. • Prevention of erosion and degrading of surrounding areas. • Provision for future public education (if required), recreation facilities, transportation, water supply, sewage disposal, surface drainage, flood control and soil conservation, as shown in the land use plan. • The nature, intent and compatibility of common open space, including the proposed method for the maintenance and conservation of the common open space. • The feasibility and compatibility of the specified phases contained in the land use plan to exist as an independent development. • The availability and adequacy of water and sewer service to support the proposed planned development. • The availability and adequacy of primary streets and thoroughfares to support traffic to be generated within the proposed planned development. • The benefits within the proposed development and to the general public to justify the requested departure from the standard land use requirements inherent in a planned development zoning district. • The conformity and compatibility of the planned development with any adopted development plan of the city. • The conformity and compatibility of the proposed common open space and land uses within the proposed planned development. Sections 110-742 (b)(2) and (3) of the City Code establish the minimum requirements for inclusion in the Land Use Plan. It does not require the detail needed for a site plan, however, it is required to identify type and locations of proposed uses, vehicular and pedestrian circulation systems and site data. Site plan as well as any applicable EOOD requirements will be implemented during the subsequent site plan approval. Parking requirements for the proposed development are indicated in the table below: Use Square Ft./Units Parking Standard Required Spaces Light manufacturing 71,000 One space/employee TBD Self-Storage 90,000 sq. ft./300 One space/25 units 12 Outparcels TBD TBD TBD Currently, the property includes 452 vehicle and 7 motorcycle parking spaces. The proposed outparcels will eliminate 193 vehicle and 3 motorcycle spaces, leaving a total of 259 vehicle and 4 motorcycle spaces to serve the building. As indicated above, the self-storage component of the project will require 12 spaces,leaving a total of 247 vehicle spaces to serve the remaining 71,000 square feet. The two outparcels will be required to provide parking within each development site. The parcel is located in the primary commercial corridor within the City. The majority of the corridor is zoned C-1 which allows a wide-variety of commercial and retail uses. The parcel lies within one of two C-2 districts within the corridor. C-2 allows a wide-variety of commercial and City Council Meeting Date: 03/19/2019 Item No. 9 Page 3 of 3 light manufacturing uses. The proposed uses are consistent with zoning and existing uses in the area. Access to the site is provided by a driveway onto West Central Boulevard and two driveways cuts onto Astronaut Boulevard. As trip counts will be significantly reduced by the proposed mix of uses, a traffic analysis was not required. As the exterior of the structure is not being modified, much of the architectural/site design guidelines applicable to development within the EOOD will not apply. However, landscaping, signage and such will be required to meet EOOD standards. Also, new construction related to the outparcels will be required to meet District standards. Water is provided by the City of Cocoa and the City of Cape Canaveral is the wastewater provider. Sufficient capacity is available in both systems to serve the project. Stormwater is treated via a series of existing swales and retention/detention ponds. Stormwater for the outparcels will be addressed when development is proposed on each. Remaining approvals needed include site plan approval and a Site Development Permit. Submitting Department Director: David Dickey Attachments: #1 —Aerial/Location Map #2 — Site Plan #3 — Ordinance No. 08-2019 w/Exhibit"A" Financial Impact: Staff time and effort to prepare this Agenda Item. Reviewed by Administrative/Financial Services Director: John DeLeo Date: 3/11/19 The City Manager recommends that City Council take the following action: Approve Ordinance No. 08-2019, on first reading. Approved by City Manager: David L. Greene Date: 3/12/19 6/6/2018 ags8a28a96cf2da4fddbb58c3ae8903efda.jpg(1587x1123) Attachment 1 Brevard County Property Appraiser 2 • 1 4190t g+3 5_E•A' Oxat ,1l }_I qN. yGEAMINIML 24-3 -15 OAK 1.91'ry0 '11 rl i li _1 L ; I + r 17 . rL „kltN We s i - — Ill -- 1 - 71 1 4 _' II : F .. I I.I I .-3 LL4Plin.. ' A,E EL rJJ197rit LvG 1111,i v • " TEE,6D • • • ASA; • r /r rr CAPE CANAVERAL Doi MANGO MANOR L1R_ 12 24-37-22 ,P 1,1' Dr :ai I.._I1:LN _III lI. I ` r flt .F N i RC I i l,l .I 17-1 I I II.]I —1021:372311 . "445141 1.. MI HRH 11011111 miP ME11I• June 6, 2D18 1:8,000 0 500 1.000 0 162.5 325 28-0.6854 2,000 ft 650 m Fa i II m trationon ly. Not a s urvey. Map layers may not precisely align. 9CPAO 2095 https://www.bcpao.us/arcgis/rest/directories/arcgisoutput/Utilities/PrintingToolsGPServer/ ergs 8a28a96cf2da4fddbb58c3ae8903efda.jpg 1/1 Cape Canaveral Joint Venture 8550 N Astronaut 01/22/2013 Attachment 2 BUILDING STATE ROAD A-1-A (S.R. 401) CENTRAL BOULEVARD ASTRONAUT BOULEVARD #8550 ASTRONAUT BLVD. POINT OF BEGINNING POINT OF COMMENCEMENT 15 14 22 23 SUBJECT PARCEL 12.42 ACRES ± 504,923 SQUARE FEET ± 161,619 SQUARE FEET ± All ideas, designs, arrangements and plans indicated or represented by this drawing are owned by and are the s o l e p r o p e r t y o f E L E V E N 1 8 ARCHITECTURE, PL and were created and developed only for use on and in connection with the project specified here-in. None of the ideas, designs, arrangements and plans shall be used by or disclosed to any person, firm or c o r p o r a t i o n f o r a n y p u r p o s e whatsoever without the express written permission of ELEVEN18 A R C H I T E C T U R E , P L . WARNING: Reproduction here-of is a criminal offense under 18U.S.C. SEC 506. Unauthorized disclosure may c o n s t i t u t e t r a d e s e c r e t misappropriation in violation of 1.C24-2-41-1 ET.SEQ and other laws. The ideas, arrangements and designs disclosed here-in may be patented or be the subject of a pending patent a p p l i c a t i o n . REVISIONS # DATE DESC. DATE: 25 JAN 2019 DRAWN BY: JCA, EP CHECKED BY: KM JOB NAME: ----- PROJECT NAME: 8550 ASTRONAUT BLVD REDEVELOPMENT PLAN 8550 Astronaut Blvd. Cape Canaveral, FL 32920 ENGINEER: ARCHITECT: ELEVEN18 ARCHITECTURE SITE PLANNER: ELEVEN18 ARCHITECTURE SURVEYOR: ALLEN ENGINEERING, INC. APPLICANT: CAPE CANAVERAL JOINT VENTURE Mark Adams, AIA FL. REG.#AR0094473 Kimberly Day McCann, AIA FL. REG.#AR0091738 Site Concept A101 FL License: AA26001884 Mailing Address: 424 E. Central Blvd. #542 Orlando, FL 32801 www.eleven18architecture.com Physical Address: 1011 E. Colonial Dr. #307 Orlando, FL 32803 407-745-5300 © Copyright 2017 ELEVEN18 ARCHITECTURE, PL All Rights Reserved Worldwide A WOMEN'S BUSINESS ENTERPRISE NORTH 01 CONCEPT SITE PLAN 1" = 50' 0 1/4" 1/2" 1" 2" LEGAL DESCRIPTION OF SITE: A PORTION OF SECTION 15, TOWNSHIP 24 SOUTH EAST, THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FL PARCEL ID: 24-37-15-00-815 TOTAL ACREAGE: 12.44 AC ADJOINING DEVELOPMENTS: NORTH: ASTRONAUT PROPERTIES LLC (c-2 ZONING) WEST: S.R. A-1-A EAST: SUPRA COLOR ENTERPRISES INC. (C-1 ZONING) SOUTH: MANGO MANOR MOBILE HOME PARK LLC / CAPE CANAVERAL MOBILE ESTATES LLC (R-2 ZONING) STORM WATER MANAGEMENT: PHASE 1 FALLS WITHIN EXISTING STORM WATER MANAGEMENT PLAN AND WILL REQUIRE NO ALTERATION. PHASE 2 WILL REQUIRE ALTERATIONS TO STORM WATER MANAGEMENT PLAN SUBJECT TO ALL RELEVANT PERMIT REQUIREMENTS. ASTRONAUT PROPERTIES LLC 71K SF : C-2 USES OUTPARCEL: PERMITTED C-2 USES 2.17 AC PART OF PHASE II 90K - PERMITTED C-2 USES; CLIMATE CONTROLLED SELF STORAGE PART OF PHASE 1 AERIAL VIEW OF SITE Attachment 3 1 ORDINANCE NO. 08-2019 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, CHANGING THE ZONING MAP 5 DESIGNATION OF CERTAIN REAL PROPERTY GENERALLY 6 LOCATED AT 8550 ASTRONAUT BOULEVARD IN CAPE 7 CANAVERAL, FLORIDA; AND MORE PARTICULARLY DEPICTED 8 AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED 9 HERETO, FROM "C-2 COMMERCIAL/MANUFACTURING" TO "PD 10 PLANNED DEVELOPMENT" SUBJECT TO THE LAND USE PLAN 11 APPROVED BY THE CITY COUNCIL IN CONJUNCTION WITH 12 THIS ORDINANCE; PROVIDING FOR THE REPEAL OF PRIOR 13 INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY 14 AND AN EFFECTIVE DATE. 15 16 17 18 19 WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of 20 the State Constitution, to exercise any power for municipal purposes, except when expressly 21 prohibited by law; and 22 23 WHEREAS, the owner of the Property subject to this Ordinance submitted an application 24 seeking to rezone the Property to PD — Planned Development for purposes of repurposing an 25 existing large building and creating an outparcel along Highway AlA Astronaut Boulevard; and 26 27 WHEREAS, Sections 110-34 and 110-35 of the City Code provides a procedure and 28 requirements for the City to consider a rezoning of real property within the City of Cape 29 Canaveral, and Section 110-740 et. seq. of the City Code provides a specific 30 procedure for planned developments; and 31 32 WHEREAS, the Planning and Zoning Board and City Staff have recommended approval 33 of this Ordinance at the July 25, 2018 Planning and Zoning Board meeting subject to conditions; 34 and 35 36 WHEREAS, the City Council of the City of Cape Canaveral held a duly noticed public 37 hearing on the proposed zoning change set forth hereunder and considered findings and advice of 38 Staff, citizens, and all interested parties submitting written and oral comments and supporting data 39 and analysis, and after complete deliberation, hereby finds the requested zoning change consistent 40 with a corresponding and simultaneous amendment to the City of Cape Canaveral Comprehensive 41 Plan and that sufficient, competent and substantial evidence supports the zoning change set forth 42 hereunder; and City of Cape Canaveral Ordinance No.08-2019 Page 1 of 3 1 WHEREAS, the City Council hereby finds that this Ordinance serves a legitimate 2 government purpose and is in the best interests of the public health, safety and welfare of the 3 citizens of Cape Canaveral, Florida. 4 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE 6 CANAVERAL HEREBY ORDAINS,AS FOLLOWS: 7 8 Section 1. Recitals. The foregoing recitals are true and correct and are fully 9 incorporated herein by this reference. 10 11 Section 2. Zoning Map Amendment. That the Official Zoning Map of the City of 12 Cape Canaveral, as described in City of Cape Canaveral Code Section 110-246,is hereby amended 13 to include a change of classification from "C-2 Commercial/Manufacturing" to "PD — 14 Planned Development" for the real property depicted and legally described on Exhibit "A" 15 which is attached and incorporated herein by this reference. The PD designation on the subject 16 property shall be subject to the terms and conditions set forth in Section 3 of this Ordinance. 17 City Staff is hereby directed to promptly amend the City's Official Zoning Map upon the 18 effective date of this Ordinance. 19 20 Section 3. Planned Development Conditions. The following binding conditions 21 shall apply to the PD zoning designation of the subject property: 22 23 (1) The property shall be subject to the Land Use Plan reviewed and approved by the 24 City Council in conjunction with the adoption of this Ordinance. Said Land Use Plan is hereby 25 deemed fully incorporated herein by this reference and shall be maintained on file with the City 26 Clerk as a permanent record pursuant to Section 110-742(g) of the City Code. 27 28 (2) The land uses permitted on the subject property shall be those land uses specifically 29 listed in the C-2 Commercial/Manufacturing zoning district except, however, "climate controlled 30 mini-self-storage facility" shall be permitted in all or part of the 90,000 square feet of the existing 31 building depicted on the Land Use Plan. 32 33 (3) The subject property shall also be subject to all performance standards set forth in 34 the C-2 Commercial/Manufacturing zoning district (e.g. setbacks etc.) and other applicable 35 provisions of the City Code. 36 37 Section 4. City Clerk to Record Ordinance. Upon adoption and full execution of 38 this Ordinance by the City Council, the City Clerk is hereby directed to record this Ordinance in 39 the Official Records of Brevard County, Florida. 40 41 Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 42 inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and City of Cape Canaveral Ordinance No.08-2019 Page 2 of 3 1 resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 2 3 Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or 4 provision of this Ordinance is for any reason held invalid or unconstitutional by any court 5 of competent jurisdiction, whether for substantive, procedural or any other reason, such portion 6 shall be deemed a separate, distinct and independent provision, and such holding shall not 7 affect the validity of the remaining portions of this Ordinance. 8 9 Section 7. Effective Date. This ordinance shall become effective immediately upon 10 adoption by the City Council. 11 12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 13 , 2019. 14 15 16 17 18 Bob Hoog, Mayor 19 20 21 22 ATTEST: For Against 23 24 Mike Brown 25 26 Mia Goforth, CMC Robert Hoog 27 City Clerk 28 Wes Morrison 29 Planning and Zoning Board Hearing: 30 July 25, 2018 Rocky Randels 31 First Reading: March 19, 2019 32 Advertisement: Angela Raymond 33 Second Reading: 34 35 36 37 Approved as to legal form and sufficiency 38 for the City of Cape Canaveral only by: 39 40 41 Anthony A. Garganese, City Attorney City of Cape Canaveral Ordinance No.08-2019 Page 3 of 3 Ordinance No. 08-2019 Exhibit "A" This instrument prepared by: JAMES W. PEEPLES III, ESQ. WOLFE, KIBSCHENBAUM S PEEPLES, P.A. P. 0. Box 320757 Cocoa Beach, Florida 32932-0757 WARRANTY DEED THIS INDENTURE, made this 10th day of May, 1989 between CEVESCO. INC., a Delaware corporation (the "Grantor") and CAPE CANAVERAL JOINT VENTURE, a Florida general partnership whose post office address is EKS, INC., a Florida corporation, P. O. Box 3767, Cocoa, Florida 32924 (the 'Grantee"); WITNESSETH, that the Grantor, for and in consideration of the sum of TEN ($10.00) DOLLARS, to it in hand paid by the Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the Grantee forever., the following described land, situate, lying and being in the County of Brevard, State of Florida, to wit: Property Appraiser's Parcel Id. No. 24 37 15 00 750 (Portion) SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT to taxes for the year 1989 and subsequent years. SUBJECT to the following easements and restrictions of record; provided, however. nothing contained herein shall be deemed to reimpose the same: Drainage Easement as described in instrument recorded in Official Records Book 239, page 179. Public Records of Brevard County, Florida; Eseements in favor of the City of Cape Canaveral as described in instruments recorded is Official Records Book 782, page 143 and Official Records Book 1019, Page 83, Public Eecorde of Brevard County, Florida; and Reservations in favor of the Trustees of the Internal Improvement a Fund as described in Deed recorded in Deed Book 438, Page 547, Public Records of Brevard County, Florida. And the Grantor does hereby fully warrant the title to the land, and will defend the sane against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the Grantor has executed this instrument ou the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CEVESCO. INC., a Delaware corporation GEORGE H. FIRKINS, JR., Vice President STATE OF FLORIDA ) } se: COUNTY OF BRBVARD ) BEFORE ME, the undersigned authority, duly authorised by law to take oaths and acknowledgments. personally appeared GEORGE H. FIRKINS, JR., as Vice President. of CEVESCO, INC., a Delaware corporation, who after being first duly sworn, acknowledged before me that he executed the foregoing instrument as such officer for the reasons and purposes therein expressed. WITNESS my hand and official seal in the county and state last aforesaid an this 11th day of May, 1989. Teresa Ann Whitehead Notary Public My commission expires: 1397p/54p OFF. REC. PAGE 2995 3724 SURVEYOR'S DESCRIPTION A portion of Section 15. Township 24 South.Range 37 East. the City of Cape Canaveral. Brevard County,Florida. more particularly described as follows:- Commence at the southeast corner of said Section 15;Mance N00°5054'W, along the east line of Section FS,for a distance of 639.60 foot. to the most northerly.corner of lands dascribed in Official Record Book 1763,Page 758,of the public records at Brevard County.Florida,being the point of beginning;thence continue N00°50'54144 along said oast fine,for a distance or 1059.9G feet to a point on the south right of way line of Central Boulevard,an 80.00 foot undadrealed right of way; . thence N8903031141,along the said south rig7lt of way line, for a distance al 113.73 leo,to a point of curvature of a curvo concave to the northeast having a radius at 440.00 Net;thence northwesterly along the arc of saki curve,and the said south right of way line,through a contra!angle of 1.9°40'54" an arc distance of 151.15 feet,10 a point on the easterly line of lana described in Official Record Book 941, Page 372,of the public records of Brevard County,Florida:thence rho following two 12) courses and distances along said easterly line: (1)521°07'49"W for a distance 01587.12 root` (2) 552°37'50'W.for a distance of 253.98'feel,to a point on rhe northeasterly right of way•line of Slate Road A•1•A,(formerly State Road 401)a 100.00 foot right of way;thence$37 22'11-E. along said northeasterly right of way line, far distance of 729.78 feet, to a point on the northerly line at land described in said Official Record Book 1763,Page 768;thence N52°37'49'E.along said norrharly fine,for a distance of 319.52 feat to the point of beginning. OFF, REc. PAGE 2995 Exhibit "A° 3725