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Agenda Packet 06-18-2013 (OCR)
City of Cape Canaveral CITY COUNCIL MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida Tuesday June 18, 2013 6:00 PM CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: CITY ATTORNEY'S REPORT: 6:05 p.m. — 6:10 p.m. AUDIENCE TO BE HEARD: 6:10 p.m. — 6:25 p.m. AGENDA Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (51 minutes. The City Council will not take any action under the "Audience to Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. CONSENT AGENDA: 6:25 p.m. — 6:30 p.m. 1. Approve Minutes for City Council Meeting of May 21, 2013. 2. Approve Agreement for Consulting Services in the amount of $60,000 to The Berryhill Group, LLC for providing consulting services related to City wastewater/stormwater improvement projects in the State Revolving Fund Loan Program as administered by Florida Department of Environmental Protection and authorize the City Manager to execute same. 3. Approve Task Order No. 3, in the amount of $98,785, to Quentin L. Hampton Associates, Inc. for engineering design services for the Sludge Belt Press System Improvements Project at the Wastewater Treatment Plant Facility and authorize the City Manager to execute same. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (32 1) 868-1220 • Fax: (321) 868-1248 www.cityofcapecanaveral.org • email: info@cityofcapecanaveral.org City of Cape Canaveral, Florida City Council Meeting June 18, 2013 Page2of3 4. Approve Task Order No. 4, in the amount of $87,997 to Quentin L. Hampton Associates, Inc. for bidding and construction monitoring services for the North Atlantic Avenue Streetscape Project and authorize the City Manager to execute same. 5. Approve Interlocal Agreement for Building Inspection & Plan Review Services between the City of Cape Canaveral and the Canaveral Port Authority and authorize execution of same. PUBLIC HEARING: 6:30 p.m. — 7:00 p.m. 6. Ordinance No. 06-2013; amending Chapter 110, Zoning, of the City Code related to parking and paving requirements; amending definitions; providing for temporary parking on unpaved areas; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 7 Ordinance No. 07-2013; amending Chapter 78, Utilities, of the Code of Ordinances related to illicit discharges and connections to the Municipal Separate Storm Sewer System (MS4); providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. 8. Ordinance No. 08-2013; amending Chapter 90, Floods, of the Code of Ordinances related to construction site stormwater runoff control; making conforming amendments to Chapter 2, Administration; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. 9. Ordinance No. 10-2013; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to Vacation Resort Campuses; providing requirements for Vacation Resort Campuses; excluding Vacation Resort Campuses from the rental restrictions on dwelling units set forth in Section 110-487; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. ITEMS FOR ACTION: 7:OOp.m.-7:15p.m. 10. Designate one (1) City Official to be the Voting Delegate at the 87th Annual Florida League of Cities Conference scheduled for August 15-17, 2013 — World Center Marriott, Orlando, Florida. City of Cape Canaveral, Florida City Council Meeting June 18, 2013 Page 3 of 3 11. Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary, and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene. REPORTS: 7:15 p.m. — 7:30 p.m. 12. Council. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the City Clerk's office (868-1220 x220 or x221) 48 hours in advance of the meeting. CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue, Cape Canaveral, Florida TUESDAY May 21, 2013 7:00 PM MINUTES 1 CALL TO ORDER: The Chair called the Meeting to Order at 7:00 P.M. and led the pledge of allegiance. ROLL CALL: Council Members Present: Mayor Pro Tem Council Member Council Member Council Members Absent: Council Member Mayor Others Present: John Bond Bob Hoog Betty Walsh Buzz Petsos Rocky Randels City Manager City Attorney Assistant City Manager/City Clerk Finance Director Community & Economic Development Director Planning & Zoning Director Leisure Services Director Public Works Services Director Public Works Services Deputy Director Brevard County Sheriff Major Cape Canaveral Volunteer Fire Dept. Assistant Chief PRESENTATIONS / INTERVIEWS: David L. Greene Anthony Garganese Angela Apperson John DeLeo Todd Morley Barry Brown Gustavo Vergara Jeff Ratliff Lonnie Dunn Mike DeMorat John Cunningham Surfrider Foundation presentation reaardina beach nourishment: The presentation was given by Volunteer Coordinator Jody Kleponis. No action was taken. Proclamation desianatina the City of Caoe Canaveral as a "No Bullying Zone" throuahout the month of May 2013: Mayor Pro Tem Bond read the Proclamation into City of Cape Canaveral, Florida City Council Regular Meeting May 21, 2013 Page 2 of 3 the record and presented the same to Mr. Javier Molinares, who explained his role in educating individuals about the No Bullying Initiative. P roclamation designating June 2 - 8, 2013 as "Management Week" in the City of Cape Canaveral as requested by the National Management Association (NMA): Mayor Pro Tem Bond read the Proclamation into the record and presented the same to Mr. Ray Polniak, who explained the actions taken by the organization to recognize outstanding managers within the County. He read a letter received from Governor Scott commending the organization's efforts and thanked the City Council for the P roclamation. CITY ATTORNEY'S REPORT: None AUDIENCE TO BE HEARD: None CONSENT AGENDA: Mayor Pro Tem Bond inquired if any items are to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for City Council Meeting of April 16, 2013: 2. Resolution No. 2013-10: uraina the Administration and Congress of the United States to preserve the current tax-exempt status of municipal bonds, and reiect anv proposal that would reduce or eliminate the Federal Tax Exemption on interest earned from tax-exempt municipal bonds; providing for the repeal of prior inconsistent resolutions; severability; and an effective date: 3. Approve Work Squad Contract #WS764, amendment #1 between the Florida Department of Corrections and the City of Cape Canaveral: 4. Approve Task Order No. 2 and funds in the amount of $129,622 to Quentin L. H ampton Associates, Inc. for engineering design services for a three million gallon reclaimed water tank at the Wastewater Treatment Plant Facility: A motion was made by Council Member Hoog, seconded by Council Member Walsh, for approval of the Consent Agenda. The motion carried 3-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, Absent; Mayor Randels, Absent; and Council Member Walsh, For. P UBLIC HEARING: 5 Ordinance No. 06-2013: amending Chapter 110. Zoning, of the City Code related to parking and paving requirements; amending definitions; providing for temporary parkins on unpaved areas: providing for the repeal of prior inconsistent ordinances and City of Cape Canaveral, Florida City Council Regular Meeting May 21, 2013 Page 3 of 3 resolutions: incorporation into the Code: severabilitv: and an effective date. first reading: Mayor Pro Tem Bond read the Ordinance title into the record, and provided an explanation of same. A motion was made by Council Member Hoog, seconded by Council Member Walsh, to approve Ordinance No. 06-2013. The Public Hearing was opened. Joyce Hamilton explained events that led to the development of this Ordinance. The Public Hearing was closed. The motion carried 3-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, Absent; Mayor Randels, Absent; and Council Member Walsh, For. 6. Ordinance No. 07-2013: amending Chapter 78. Utilities. of the Code of Ordinances related to illicit discharges and connections to the Municipal Separate Storm Sewer System (MS4): providing for the repeal of prior inconsistent ordinances and resolutions: incorporation into the Code: severabilitv: and an effective date, first reading: Mayor Pro Tem Bond read the Ordinance title into the record and provided an explanation of same. A motion was made by Council Member Walsh, seconded by Council Member Hoog, to approve Ordinance No. 07-2013. The Public Hearing was opened. No comments were received and the Public Hearing was closed. The motion carried 3-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, Absent; Mayor Randels, Absent; and Council Member Walsh, For. REPORTS: 7. Council: Council Member Hoog congratulated PWS on the completion of the North Central Ditch Project. He indicated it is a wonderful improvement. Council Member Walsh commended the efforts of Ray Osborne and the Anniversary Committee. Mayor Pro Tem Bond thanked everyone for their patience as this was his first time as Chair. He noted his attendance at the Stamp Cancellation Event where many early residents shared their memories. ADJOURNMENT: There being no further business, the Meeting adjourned at 7:45 P.M. John Bond, Mayor Pro Tem Angela M. Apperson, MMC, Assistant City Manager/City Clerk City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. Z Subject: Approve Agreement for Consulting Services in the amount of $60,000 to The Berryhill Group, LLC for providing consulting services related to City wastewater/stormwater improvement projects in the State Revolving Fund Loan Program as administered by Florida Department of Environmental Protection and authorize the City Manager to execute same. Department: Public Works Services Summary: The City of Cape Canaveral (City) previously contracted with The Berryhill Group, LLC (Berryhill) to provide consulting services in the preparation of the City's State Revolving Fund (SRF) Loan Application. The City successfully obtained the SRF loan and is moving forward with the following tasks for nine improvement projects in the SRF Program: • Defining project scopes of work, reviewing engineering/process options, organizing historical documents, selecting engineering consultants, and obtaining/approving task orders; • Preparing engineering drawings/bid specifications; and • Preparing a Construction Loan Agreement to Florida Department of Environmental Protection (FDEP). To complete the remaining SRF tasks, Berryhill will provide assistance to the City in the following areas: • Construction Loan Application; • Attend FDEP meetings in Tallahassee; • Procurement processes; • Pre-bid conferences, pre -construction meetings, etc.; • Construction Award Packages; • Disbursement requests; • Compliance monitoring (Davis -Bacon wage compliance); • Project close-outs; and • Other miscellaneous tasks. The Agreement for Consulting Services with Berryhill is for a period of 20 months with a consulting fee of $3,000 per month (Agreement total of $60,000). The contract period is from July 2013 to February 2015 and can be extended with agreement from both parties. A copy of the proposed Agreement for Consulting Services is included as an attachment. Submitting Department Director: Jeff Ratliff --SR MA- Date: 06/05/13 Attachment: Agreement for Consulting Services City Council Meeting Date: 6/18/2013 Item No. 7 - Page 2 of 2 Page2of2 Financial Impact: $60,000 in consulting fees for wastewater/stormwater improvement projects will be funded for FY12-13 with Contingency dollars; for FY13-14 and FY 14- 15, funding in Wastewater/Stormwater Budgets under Professional Services. Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo 1 Date: The City Manager recommends that City Council take the following actions`: Approve Agreement for Consulting Services in the amount of $60,000 to The Berryhill Group, LLC for providing consulting services related to City wastewater/stormwater improvement projects in the State Revolving Fund Loan Program as administered by Florida Department of Environmental Protection and authorize the City Manager to execute same. Approved by City Manager: David L. Greene Date:61/0 J ! 3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment • Agreement for Consulting Services AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement") is made and entered this day of 2013, by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation ("City"), located at 105 Polk Avenue, Cape Canaveral, Florida 32920, and THE BERRYHILL GROUP, LLC, a Florida limited liability company ("Consultant"), whose principal address is 1528 Woodgate Way, Tallahassee, Florida 32308. WITNESSETH: WHEREAS, the City Council adopted Ordinance 01-2013 on February 19, 2013 authorizing the City to enter into a loan agreement with the Florida Department of Environmental Protection under the State Revolving Fund in order to finance and construct nine (9) wastewater and stormwater projects ("Projects"); and WHEREAS, the City has a need to obtain the professional services of Consultant related to the Projects; and WHEREAS, on behalf of the City, Consultant will coordinate with FDEP, City staff, and City contractors in administering the fundmg, procurement and construction phases of the Projects; and WHEREAS, Consultant is willing to provide such professional consulting services to the City under the terms and conditions stated herein. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1.0 TERM AND DEFINITIONS 1.1 Term and Termination. This Agreement shall commence upon full execution by both parties hereto and, unless sooner terminated pursuant to the terms and conditions contained herein, shall be for a term of 20 months. This Agreement may be extended for additional one-month periods by mutual written agreement executed by both parties hereto. 1.2 Definitions. The following words and phrases used in this Agreement shall have the following meaning ascribed to them unless the context clearly indicates otherwise: a. "Agreement" or "Contract" shall be used interchangeably and shall refer to this Agreement, as may be amended, which shall constitute authorization for the Consultant to provide the professional consulting services approved by the City. b. ".Effective Date" shall be the date on which the last signatory hereto shall execute this Agreement, and it shall be the date on which this Agreement shall go into effect. The Agreement shall not go into effect until said date. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 1 c. "Consultant" shall mean The Berryhill Group, LLC, a Florida limited liability company, and its principals, employees, resident project representatives (and assistants). d. "Public Record" shall have the meaning given in Chapter 119, Florida Statutes, as may be amended. e. "Reimbursable Expenses" shall mean the actual expenses incurred by Consultant or Consultant's independent professional associates and consultants which are directly related to travel and subsistence. Detailed receipts shall be provided to the City in support of reimbursement. Mileage reimbursement will be paid at the current Internal Revenue Service allowable amount. f. "Work" or "Services" shall be used interchangeably and shall include the performance of the work agreed to by the parties. 1.3 Engagement. The City hereby engages Consultant and Consultant hereby agrees to perform the Services outlined in this Agreement for the stated fee arrangement. No prior or present representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. 2.0 DESCRIPTION AND COST OF SERVICES: PAYMENT 2.1 Scope of Services. Consultant agrees to provide the following services to the City: General: Services described herein relate to the capital funding services for the Wastewater and Stormwater Project. The Construction Funding Process relates to the construction loan application and securing funds for the project. The Procurement Process services will include those services related to the Florida Department of Environmental Protection (FDEP) construction contractor(s) bidding and procurement requirements for the Clean Water State Revolving Fund (CWSRF) Construction Phase services relate to services during construction and close-out of the CWSRF loan. The Consultant will represent the City and coordinate with the FDEP, City's staff, the City's engineer (Engineer), and construction companies in the funding administration process. Consultant will be available to the City for consultation during the funding and construction process. Draft transmittal letters and document submittals to the FDEP to facilitate the funding will be prepared by the Consultant, or assistance provided as needed. The City, the Engineer, and the construction companies will provide documents and information as necessary to complete these services. The Consultant will advise and draft responses to questions and/or comments relative to the funding. Construction Loan Application and Procurement Process: Consultant will advise and assist the City in the preparation and filing of the construction loan RFI and application as previously provided for under Task Order 7, and advise and assist the City in the preparation of Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 2 the contractor procurement and RFP's as previously provided for under Task Order 6, Purchase Order 6638. Pre -Bid, Pre -Proposal Conferences: Consultant will prepare for and attend a Pre -Bid or Pre -Proposal conference to respond to questions and comments relative to the SRF program compliance process and requirements. If a written response to questions is needed, the Consultant will assist the City in the preparation of the response. Consultant will provide advice to the City staff relative to the SRF program requirements as needed for additional conferences. Consultant anticipates on-site participation in one Pre -Bid or Pre -Proposal conference. If participation in additional conferences is requested by the City, the Consultant will participate for an additional fee of $2,000 per conference. Construction Award Packages: Consultant will advise the City and the Engineer in the assembly and submittal of a bid package to the FDEP for approval. Upon approval of the bid award package by the FDEP, the Consultant will advise the City in submitting the required awarded contract documentation to the FDEP for approval. The Consultant will represent the City and coordinate with the FDEP to gain approval to award the contract and issue a Notice to Proceed. Consultant will provide advice to the City staff relative to the SRF program requirements as needed for additional award package submittals. Pre -Construction Conferences: Consultant will prepare for and attend a Pre - Construction Conference to provide guidance to the construction contractor relative to the SRF program compliance process and requirements that apply during construction. Consultant will advise the City staff relative to the SRF requirements in conducting additional conferences and be available for consultation as needed. Consultant will provide responses to questions and comments. If a written response to questions is needed, the Consultant will assist the City in the preparation of the response. Consultant anticipates on-site participation in one Pre -Construction conference. If participation in additional conferences is requested by the City, the Consultant will participate for an additional fee of $2,000 per conference. Progress Meetings: Consultant will prepare for and attend Progress Meetings with the City, Engineer and contractors to respond to questions and comments and to provide guidance relative to the SRF program compliance process and requirements. The status of any compliance issues that arise during construction will be addressed. Any needed corrections to submitted documents will be presented. Program updates or program requirement changes will be presented. Change Orders will be reviewed for SRF eligibility and the Consultant will assist the City and the Engineer in gaining approval of the FDEP for Change Orders. Consultant will advise the City and assist in settling any issues with the contractors or the FDEP relative to the SRF program requirements Consultant anticipates on-site participation m three Progress Meetings. These meetings do not include the Pre -Bid or Pre -Construction Conferences. If participation in additional meetings is requested by the City, the Consultant will participate for an additional fee of $2,000 per meeting. CWSRF Disbursement Requests: Consultant will gather and assemble the contractor(s) monthly pay estimates, invoices for engineering services, administrative services, and other CWSRF eligible costs along with supporting documentation as required by the FDEP necessary Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 3 to prepare the monthly disbursement requests. The City or the Engineer will verify the contractor(s) work progress and accuracy of the contractor(s) monthly pay estimates. Consultant will review the pay estimates and invoices to verify CWSRF eligibility. The City or the Engineer will obtain other documentation including the Davis -Bacon certified payrolls, DBE utilization forms, and other documents required by the FDEP from the contractor(s). Consultant will prepare the monthly disbursement requests and submit to the City for review, approval, signing, and submittal to the FDEP. SRF Compliance Monitoring: Consultant will monitor the Federal Labor Standards Requirements (Davis -Bacon) on a monthly basis. Consultant will review the contractor's and subcontractors' weekly certified payrolls for compliance with the Davis -Bacon requirements and notify the City of any exceptions. The City or the Engineer will collect the certified payrolls and monthly MBE/WBE utilization reports (if required) from the contractors and subcontractors and submit to the Consultant The City or the Engineer will conduct on-site labor interviews as required by the FDEP and submit the labor interview forms on a monthly basis to the Consultant for review. The Consultant will advise the City in the maintenance of files of original copies of compliance documentation forms as required for inspection by the FDEP, auditors, and others Consultant will notify the City of any exceptions noted m the review of the submitted documents and assist the City and the Contractor in maintaining compliance with the FDEP requirements Consultant will represent the City and coordinate with the FDEP to settle any issues relating to the Davis -Bacon requirements, MBE/WBE requirements, or other compliance process requirements. CWSRF Project Closeout' Consultant will prepare for and meet with the City, Engineer, and the FDEP for the FDEP final inspection and preliminary project closeout for the CWSRF loan. Consultant will prepare the final disbursement request and assist with the documentation needed for the final administrative closeout by the FDEP. Consultant will review and advise the City relative to the final loan amendment that sets the final terms of the loan. Consultant will assist the City and cooperate with the auditor in completing the required project audit that will follow the closeout. Additional Services: Should additional services beyond the Scope of Services be requested by the City, Consultant will provide additional services on a negotiated lump sum fee basis or at the Consultant's standard hourly rate plus travel expenses as is appropriate and approved in writing by the City. No additional services will be initiated until the City and Consultant have agreed upon the scope of work and costs. 2.2 Compensation. For the full performance of the Services outlined herein to the full satisfaction of the City, the City agrees to compensate Consultant at the flat fee rate of Three Thousand Dollars ($3,000.00) per month. Consultant shall submit an invoice to the City each month during the term of this Agreement. Upon the City's receipt of said invoices, payment shall be due and payable as provided by the Florida Prompt Payment Act section 218.70 et. seq., Florida Statutes. There shall be no other compensation due Consultant for the Services provided under this Agreement, unless specifically agreed to by the City in writing. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 4 2.3 Payment not Waiver. The City's payment of any invoice under this Agreement shall not be construed or operate as a waiver of any rights under this Agreement or any cause of action arising out of the performance of this Agreement and Consultant shall remain liable to the City in accordance with applicable law for all damages to the City caused by Consultant's performance of any services provided under this Agreement. 2.4 Services Not Exclusive. The City reserves the right, at its sole discretion, to perform any Services related to this Agreement or to retain the Services of other consulting firms to provide professional services. Performance of these Services by any party other than Consultant will not relieve the City of the contracted monthly amount except by written agreement of the Consultant. 3.0 CHANGES IN THE SCOPE OF WORK 3.1 City may make changes in the Services at any time by giving written notice to Consultant. If such changes increase, decrease or eliminate any amount of Work, City and Consultant will negotiate any schedule modifications that may be necessary. 4.0 SCHEDULE 4.1 Consultant shall perform Services in conformance with the mutually agreed schedule. Consultant shall complete all of said services in a timely manner and will keep City apprised of the status of work on at least a monthly basis or as otherwise reasonably requested by the City. Should Consultant fall behind the agreed upon schedule, it shall employ such resources so as to comply with the agreed-upon schedule. 4.2 No extension for completion of services shall be granted to Consultant without City's prior written consent, except as provided in Sections 3.1 and 17.1 herein. 4.3 Any cost caused by defective or ill-timed services shall be borne by the party responsible therefore. 5.0 RIGHT TO INSPECTION 5.1 City or its affiliates shall at all times have the right to review or observe the Services performed by Consultant. 5.2 No inspection, review, or observation shall relieve Consultant of its responsibility under this Agreement. 6.0 PROGRESS MEETING 6.1 City's designated Project Manager may hold periodic progress meetings on a scheduled basis during the term of this Agreement. Consultant's Project Manager and all other appropriate personnel shall attend such meetings as designated by City's Project Manager. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 5 7.0 SAFETY 7.1 Consultant shall be solely and absolutely responsible and assume all liability for the safety and supervision of its principals, employees, resident project representatives (and assistants) while performing Services provided hereunder. 8.0 REASONABLE ACCESS 8.1 During the term of this Agreement, City shall grant Consultant reasonable access to the City's premises, records, and files for purposes of fulfilling its obligations under this Agreement. 9.0 INSURANCE 9.1 Liability Amounts. During the term of this Agreement, Consultant shall be responsible for providing the types of insurance and limits of liability as set forth below. a. General Liability. The Consultant shall maintain comprehensive general liability insurance in the minnnum amount of $1,000,000 per occurrence, $2,000,000 aggregate for bodily injury and property damage which may arise from any Services performed under this Agreement whether such Services are performed by the Consultant or by anyone directly employed by or contracting with the Consultant. b. Automobile Liability. The Consultant shall maintain comprehensive automobile liability insurance in the minimum amount of $1,000,000 per occurrence combined single limit for bodily injury, including wrongful death, and property damage, which may arise from the ownership, use, or maintenance of owned and non -owned automobiles, including rented automobiles, whether such operations be by the Consultant or by anyone directly or indirectly employed by the Consultant. 9.2 Special Requirements. Current, valid insurance policies meeting the requirements herein identified shall be maintained during the term of this Agreement. Renewal certificates shall be sent to the City thirty (30) days prior to any expiration date. There shall also be a thirty (30) day advance written notification to the City in the event of cancellation or modification of any stipulated insurance coverage. The City shall be an additional named insured on stipulated insurance policies included in article 9.1.a and 9.1.b herein, as its interest may appear, from time to time. 9.3 The insurance required by this Agreement shall include the liability and coverage provided herein, or as required by law, whichever requirements afford greater coverage. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty (30) days' prior written notice has been given to the City, and the Consultant by certified mail, return receipt requested. All such insurance shall remain in effect until final payment. In the event that the Consultant shall fail to comply with the foregoing requirement, the City is authorized, but in no event shall be obligated, to purchase Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 6 such insurance, and the City may bill the Consultant. The Consultant shall immediately forward funds to the City in full payment for said insurance. It is expressly agreed that neither the provision of the insurance referred to in this Agreement, nor the City's acceptance of the terms, conditions or amounts of any insurance policy, shall be deemed a warranty or representation as to adequacy of such coverage. All insurance coverage shall be with insurer(s) rated as A+ by Best's Rating Guide (or equivalent rating and rating service as reasonably determined by the City Manager) and licensed by the State of Florida to engage in the business of writing of insurance or provided through the London Market for Professional Liability Insurance. Unless agreed to by the City to the contrary, the City shall be named on the insurance policies included in article 9.1.a and 9.1.b as "additional insured." The Consultant shall cause its insurance carriers, prior to the effective date of this agreement to furnish insurance certificates specifying the types and amounts of coverage in effect pursuant hereto, the expiration dates of such policies, and a statement that no insurance under such policies will be canceled without thirty (30) days' prior written notice to the City in compliance with other provisions of this Agreement. Further copies of all relevant policies will be provided to the City within thirty (30) days of the effective date of this agreement. If the City has any objection to the coverage afforded by or other provision of the insurance required to be purchased and maintained by the Consultant in accordance with this Article on the basis of its not complying with the Agreement, the City shall notify the Consultant in writing thereof within thirty (30) days of the date of delivery of such certificates to the City. For all Work performed pursuant to this Agreement, the Consultant shall continuously maintain such insurance in the amounts, type, and quality as required by the Agreement. 9.4 Independent Associates and Consultants All independent associates and consultants employed by Consultant to perform any Services hereunder shall fully comply with the insurance provisions contained in this paragraph. 10.0 COMPLIANCE WITH LAWS AND REGULATIONS 10.1 Consultant shall comply with all requirements of federal, state, and local laws, rules, regulations, standards, and /or ordinances applicable to the performance of Services under this Agreement. 11.0 REPRESENTATIONS 11.1 Consultant represents that the Services provided hereunder shall conform to all requirements of this Agreement, are consistent with recognized and sound practices and procedures within its profession, and conform to the customary standards of care, skill, and diligence appropriate to the nature of the Services rendered. Consultant shall perform as expeditiously as is consistent with professional skill and care and the orderly progress of the Services performed hereunder. Consultant's services shall be consistent with any time periods established under this Agreement. Consultant shall provide City with a written schedule for services performed and such schedule shall provide for ample time for the City to review, for the performance of consultants (if any), and for the approval of submissions by authorities having jurisdiction over the services. The Consultant's designated representative shall have the authority to act on Consultant's behalf with respect to the Services. In addition, Consultant's Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 7 representative shall render decisions in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Services. Except with the City's knowledge and consent, the Consultant shall not engage in any activity, or accept any employment, interest or contribution that would reasonably appear to compromise the Consultant's professional judgment with respect to the Services. The Consultant shall review laws, codes, and regulations applicable to Consultant's Services. The Consultant's services and design shall comply with all applicable requirements imposed by all public authorities. The Consultant represents and warrants that it is familiar with, and accepts that it will perform the Services hereunder in a manner that complies with all applicable requirements of laws, codes, and regulations. Consultant shall be responsible for the professional quality, technical accuracy and the coordination of all plans, studies, reports and other services furnished to the City under this Agreement. Unless this Agreement is terminated by the City, or terminated by Consultant for nonpayment of any proper invoices, or the City exercises its rights to perform the Services pursuant to Paragraph 2.4 herein, Consultant shall be responsible for the satisfactory and complete execution of' the Services described in this Agreement. The Consultant represents that it will carefully examine the scope of services required by the City and that it will investigate the essential requirements of the Services required by the Agreement, and that it will have sufficient personnel, equipment, and material at its disposal to complete the services set forth in the Agreement in a good professional and workmanlike manner in conformance with the requirements of this Agreement. 11.2 Consultant represents that all principals, employees, and other personnel furnishing such Services shall be qualified and competent to perform the Services assigned to them and that such guidance given by and the recommendations and performance of such personnel shall reflect their best professional knowledge and judgment. 12.0 DOCUMENTS 12.1 Public Records. It is hereby specifically agreed that any record, document, computerized information and program, audio or video tape, photograph, or other writing of the Consultant and its independent contractors and associates related, directly or indirectly, to this Agreement, shall be deemed to be a Public Record whether in the possession or control of the City or the Consultant. Said record, document, computerized information and program, audio or video tape, photograph, or other writing of the Consultant is subject to the provisions of Chapter 119, Florida Statutes, and may not be destroyed without the specific written approval of the City's City Manager Upon request by the City, the Consultant shall promptly supply copies of said public records to the City. All books, cards, registers, receipts, documents, and other papers in connection with this Agreement shall at any and all reasonable times during the normal working hours of the Consultant be open and freely exhibited to the City for the purpose of examination and/or audit. a. Reuse of Documents. All documents, including but not limited to, drawings, specifications, and data, or programs stored electronically or otherwise, prepared by the Consultant and its independent contractors and associates pursuant to this Agreement or related exclusively to the Services described herein shall be owned by the City and may be reused by the City for any reason or purpose at any time. However, the City agrees that the aforesaid Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 8 documents are not intended or represented to be suitable for reuse by the City or others on any undertaking other than the Work outlined in this Agreement. Any reuse for an undertaking other than for the Work without venfication or adaptation by the Consultant, or its independent contractors and associates if necessary, to specific purposes intended will be at the City's sole risk and without liability or legal exposure to the Consultant. b. Ownership of Documents. The City and the Consultant agree that upon payment of fees due to the Consultant by the City for a particular design, report, inventory list, compilation, drawing, specification, model, recommendation, schedule or otherwise, said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Consultant in the performance of this Agreement, or any Work hereunder, shall be the sole property of the City, and the City is vested with all rights therein. The Consultant waives all rights of copyright in said design, report, inventory list, compilation, drawing, specification, technical data, recommendation, model, schedule and other instrument produced by the Consultant in the performance of this Agreement, and hereby assigns and conveys the same to the City whether in the possession or control of the Consultant or not. c. Preexisting Ownership Rights to Documents. Notwithstanding any provisions to the contrary contained in this Agreement, Consultant shall retain sole ownership to its preexisting information not produced and paid for by the City under this Agreement including, but not limited to computer programs, software, standard details, figures, templates and specifications. 13.0 ASSIGNMENT 13.1 Consultant shall not assign or subcontract this Agreement or any rights or any monies due or to become due hereunder without the prior, written consent of City. 13.2 If upon receiving written approval from City, any part of this Agreement is subcontracted by Consultant, Consultant shall be fully responsible to City for all acts and/or omissions performed by the subcontractor as if no subcontract had been made. 13.3 If City determines that any subcontractor is not performing in accordance with this Agreement, City shall so notify Consultant who shall take immediate steps to remedy the situation. 13.4 If any part of this Agreement is subcontracted by Consultant, prior to the commencement of any Work by the subcontractor, Consultant shall require the subcontractor to provide City and its affiliates with insurance coverage as set forth by the City. 14.0 INDEPENDENT CONTRACTOR 14.1 At all times during the term of this Agreement, Consultant shall be considered an independent contractor and not an employee of the City. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 9 15.0 DEFAULT BY CONSULTANT AND CITY'S REMEDIES 15.1 The City reserves the right to revoke and terminate this Agreement and rescind all rights and privileges associated with this Agreement, without penalty, in the following circumstances, each of which shall represent a default and breach of this Agreement: 15.2 Consultant defaults in the performance of any material covenant or condition of this Agreement and does not cure such other default within thirty (30) calendar days after written notice from the City specifying the default complained of, unless, however, the nature of the default is such that it cannot, in the exercise of reasonable diligence, be remedied within thirty (30) calendar days, in which case the Consultant shall have such time as is reasonably necessary to remedy the default, provided the Consultant promptly takes and diligently pursues such actions as are necessary therefore, or 15.3 Consultant is adjudicated bankrupt or makes any assignment for the benefit of creditors or Consultant becomes insolvent, or is unable or unwilling to pay its debts; or 15.4 Consultant has acted grossly negligent, as defined by general and applicable law, in performing the Services hereunder; or 15.5 Consultant has committed any act of fraud upon the City; or 15.6 Consultant has made a material misrepresentation of fact to the City while performing its obligations under this Agreement. 15.7 Consultant has assigned this Agreement without the City's prior written consent. 15.8 Notwithstanding the aforementioned, in the event of a default by Consultant, the City shall have the right to exercise any other remedy the City may have by operation of law, without limitation, and without any further demand or notice. 16.0 TERMINATION 16.1 Notwithstanding any other provision of this Agreement, City may, upon written notice to Consultant, terminate this Agreement, without penalty, if: (a) Consultant is in default pursuant to paragraph 15.0 Default; (b) Consultant makes a general assignment for the benefit of its creditors; (c) Consultant fails to comply with any condition or provision of this Agreement; or (d) Consultant is experiencing a labor dispute which threatens to have a substantial, adverse impact upon performance of this Agreement without prejudice to any other right or remedy City may have under this Agreement. In addition, either party may terminate with no penalty with advance written notice no later than thirty (30) days prior to the Consultant's Final Contract Payment Due Date. In the event of such termination, City shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for Work properly performed prior to the effective date of termination. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 10 17.0 FORCE MAJEURE 17.1 Any delay or failure of either party in the performance of its required obligations hereunder shall be excused if and to the extent caused by acts of God; fire; flood; windstorm; explosion; riot; war; sabotage; strikes; extraordinary breakdown of or damage to City's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and /or state law or regulation; order by any regulatory agency; or cause or causes beyond the reasonable control of the party affected; provided that prompt notice of such delay is given by such party to the other and each of the parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for sixty (60) days, either party may terminate this Agreement. 18.0 GOVERNING LAW & VENUE 18.1 This Agreement is made and shall be interpreted, construed, governed, and enforced in accordance with the laws of the State of Florida. Venue for any state action or litigation shall be Brevard County, Florida. Venue for any federal action or litigation shall be Orlando, Florida. 19.0 HEADINGS 19.1 Paragraph headings are for the convenience of the parties only and are not to be construed as part of this Agreement. 20.0 SEVERABILITY 20.1 In the event any portion or part of this Agreement is deemed invalid, against public policy, void, or otherwise unenforceable by a court of law, the parties shall negotiate an equitable adjustment in the affected provision of this Agreement. The validity and enforceability of the remaining parts of this Agreement shall otherwise by fully enforceable. 21.0 WAIVER AND ELECTION OF REMEDIES 21.1 Waiver by either party of any terms or provision of this Agreement shall not be considered a waiver of that term, condition, or provision in the future. 21.2 No waiver, consent, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party hereto. 22.0 THIRD PARTY RIGHTS 22.1 Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than City and Consultant. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 11 23.0 PROHIBITION AGAINST CONTINGENT FEES 23.1 Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. 24.0 ENTIRE AGREEMENT 24.1 This Agreement, including any Schedules, Attachments, Appendix's and Exhibits attached hereto, constitute the entire agreement between City and Consultant with respect to the Services specified and all previous representations relative thereto, either written or oral, are hereby annulled and superseded. 25.0 NO JOINT VENTURE 25.1 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. 26.0 ATTORNEY'S FEES 26.1 Should either party bring an action to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the non -prevailing party the costs and expenses of such action including, but not limited to, reasonable attorney's fees, whether at settlement, trial or on appeal. 27.0 DRAFTING 27.1 City and Consultant each represent that they have both shared equally in drafting this Agreement and no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute between the parties. 28.0 NOTICE 28.1 Any notices required to be given by the terms of this Agreement shall be delivered by hand or mailed, postage prepaid to: For Consultant: The Berryhill Group 1528 Woodgate Way Tallahassee, Florida 32308 Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 12 Phone: (850) 893-0919 dianne(a,,theberrvhillgroup.com For City City of Cape Canaveral Attention: City Manager 105 Polk Avenue Cape Canaveral, FL 32920 (321) 868 -1230 Phone (321) 868 -1224 Fax d.ereenetd citvofcapecanaveral.org 28.2 Either party may change the notice address by providing the other party written notice of the change. 29.0 SOVEREIGN IMMUNITY 29.1 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. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. 30.0 CORPORATE REPRESENTATIONS BY CONSULTANT 30.1 Consultant hereby represents and warrants to the City the following: a. Consultant is duly registered and licensed to do business in the State of Florida and is in good standing under the laws of Florida, and is duly qualified and authorized to carry on the functions and operations set forth in this Agreement. b. The undersigned representative of Consultant has the power, authority, and legal right to execute and deliver this Agreement on behalf of Consultant. 31.0 INDEMNIFICATION 31.1 Consultant shall indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed by the Consultant in the performance of the Agreement. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 13 31.2 Consultant shall also indemnify and hold harmless the City, and its officers (including its City Attorneys) and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by Consultant's breach and caused by other persons employed by the Consultant in the performance of the Agreement. The indemnity provisions set forth in Paragraphs 31.1 and 31.2 shall be considered separate and independent indemnity provisions. 32.0 CONSULTANT'S PERSONNEL AT CONSTRUCTION SITE 32.1 The presence or duties of Consultant's personnel at a construction site, whether as onsite representatives or otherwise, do not make Consultant or Consultants personnel in any way responsible for those duties that belong to City and/or the construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the applicable construction contract documents and any health or safety precautions required by such construction work. Consultant and Consultant's personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions and have no duty for inspecting, noting, observing, correcting, or reporting on health or safety deficiencies of the construction contractor(s) or other entity or any other persons at the site except Consultant's own personnel. 33.0 ADDITIONAL ASSURANCES 33.1 The Consultant for itself and its sub -consultants, if any, certifies that: a. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any Services under this Agreement by any Federal, State, or local governmental commission, department, corporation, subdivision, or agency; b. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has employed or otherwise provided compensation to, any employee or officer of the City; and; c. No principal (which includes officers, directors, or executive) or individual holding a professional license and performing work under this Agreement, employee, or agent has willfully offered an employee or officer of the City any pecuniary or other benefit with the intent to influence the employee or officer's official action or judgment. Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 14 d. The undersigned is authorized to execute this Agreement on behalf of the Consultant and said signature shall bind the Consultant to this Agreement. No further action is required by the Consultant to enter into this Agreement other than Consultant's undersigned representative execution of the Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by their duly authorized representatives as of the date first written above. CITY: CONSULTANT: City of Cape Canaveral, The Berryhill Group, LLC, a Florida municipal corporation. a Florida limited liability company. David Greene, City Manager Print Name: Title: Date: Date: ATTEST: Angela Apperson, City Clerk Agreement for Consulting Services City of Cape Canaveral / The Berryhill Group, LLC 15 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. � Subject: Approve Task Order No. 3, in the amount of $98,785, to Quentin L. Hampton Associates, Inc. for engineering design services for the Sludge Belt Press System Improvements Project at the Wastewater Treatment Plant Facility and authorize the City Manager to execute same. Department: Public Works Services Summary: The Sludge Belt Press System Improvements Project is one of the ten projects submitted to Florida Department of Environmental Protection (FDEP) as part of the City's State Revolving Fund (SRF) Loan Application. The City's Wastewater Treatment Plant (WWTP) Facility currently includes a single sludge belt press to remove liquid from sludge. As with the oxidation ditch, there is currently no redundancy in the sludge belt press system; improvements completed at the WWTP in the mid-1990s did not address this lack of redundancy. Tasks which are part of this SRF Project include: (1) purchase and installation of an additional sludge belt press, (2) refurbishment of the existing sludge belt press and (3) expansion of existing Sludge Belt Press Building. This Task Order does not include funds for purchase and installation of the additional sludge belt press or refurbishment of the existing sludge belt press. Staff is currently working with the manufacturer in obtaining costs for these tasks. This Task Order includes funds for the engineering design of the Sludge Belt Press Building which will include the following improvements: • A 24' x 24' expansion to allow for both sludge belt presses to be operated indoors; • Replacement of indoor and outdoor lighting with energy efficient fixtures; • Replacement of overhead rollup doors; • Replacement of side wall ventilation louvers; • Replacement roof top exhaust fans; • Replacement of roofing/flashing; and • Replacement of electrical panel cabinets. After review of engineering firm qualifications for similar -type projects completed in other municipalities, Staff selected Quentin L. Hampton Associates, Inc. (QLH) of Port Orange, Florida to perform the project tasks. QLH is one of the engineering firms selected by the City for Professional Engineering/Surveying, Planning, Consulting and Architectural Services in Request for Qualifications #2011-01. A Master Services Agreement for these services has been signed between the City and QLH. The Project scope of work for this Task Order includes the performance of the following tasks: • Surveying, geotechnical investigation and data collection; • Preliminary engineering report; • Subsurface utility engineering; • Engineering design; • Permitting; • Coordinating with the sludge belt press manufacturer; and City Council Meeting Date: 06/18/2013 Item No. 3 Page 2 of 2 • Bidding/construction management assistance. The proposed location for the new Sludge Belt Press is shown on the aerial photograph presented as Attachment #1. The QLH Task Order, which includes a breakdown of costs and a project time line, is included as Attachment #2. Submitting Department Director: Jeff Ratliff J 214A Date: 06/03/13 Attachments: #1 — Proposed Location of New Sludge Belt Press #2 — Task Order Financial Impact: $98,785 from SRF to fund Quentin L. Hampton Associates, Inc. for engineering design services for the Sludge Belt Press System Improvements Project at the Wastewater Treatment Plant Facility. Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLed \! Date: 06/03/2013 The City Manager recommends that City Cou 'I take the following actions: Approve Task Order No. 3, in the amount o $98,785, to Quentin L. Hampton Associates, Inc. for engineering design services for the Sludge Belt Press System Improvements Project at the Wastewater Treatment Plant Facility and authorize the City Manager to execute same. Approved by City Manager: David L. Greene(90.1 1 N1..u.kDate: 6%_\//3 City Council Action: [ ] Approved as Recommended [ ] Disappr'ov d [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Proposed Location of New Sludge Belt Press Proposed Location of New Sludge Belt Press Belt Press Building New Sludge Belt Press Location Attachment #2 Task Order BRAD T. BLAIS, P.E. DAVID A. KING, P E ANDREW M GIANNINI, P.E. KEVIN A. LEE, P.E May 30, 2013 Mr. Jeff Ratliff Public Works Director City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Quentin L. Hampton Associates, Inc. Consulting Engineers P.O. DRAWER 290247 PORT ORANGE, FLORIDA 32129.0247 TELEPHONE: (386) 761.6810 FAX: (386) 781.3977 EMAIL: glha@glha.com RE: SLUDGE BELT PRESS IMPROVEMENTS AT WATER RECLAMATION FACILITY REVISED TASK ORDER Dear Mr. Ratliff: Enclosed is our revised task order for the above referenced project. The scope of work Includes the work that Is necessary for the design, permitting, bidding assistance and construction phase services for the project. Please review the task order and return one executed copy if found acceptable. Contact our office if you have any questions or need additional information. Sincerely, QUENT HAMP ON ASSOCIATES, INC. Lee NN\ David A. King, P.E. Vice President DAK/KAL:ah/km Enclosures: Two copies of Task Order cc: QLH files cc004 proposal S-15•13.doc Kevin A. Lee, P.E. Project Engineer TASK ORDER NO. 2013- 3 • TO AGREEMENT FOR ENGINEERING SERVICES QUENTIN L. HAMPTON ASSOCIATES, INC. (QLH) AND CITY OF CAPE CANAVERAL, FLORIDA May 30, 2013 PROJECT: Sludge Belt Press Improvements at Water Reclamation Facility Execution of this Task Order by the City, shall serve as authorization for Engineer to provide professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to the Agreement. RESPONSIBILITY OF THE CITY: Provide the Engineer the necessary guidance regarding design variations upon presentation and recommendation of such from the Engineer. BACKGROUND: The City's WRF includes a single sludge belt press to remove liquid from the sludge solid - liquid suspension. The press uses two porous belts which allow both gravity and pressurized dewatering of the sludge. As with the oxidation ditch, there is currently no redundancy in the sludge belt press system (i.e., there is only one sludge belt press) Improvements completed in the mid-1990s did not address this lack of redundancy. An additional sludge belt press is planned to be installed and the existing sludge belt press will be refurbished. The addition of another sludge belt press will allow for improved maintenance since one of the presses can then be shut down without impacting the wastewater treatment process. The project also includes expansion of the existing Belt Press Building to allow for both sludge belt presses to be operated indoors. The Project will be completed in Spring 2014; estimated Project cost is $641,400. The City has planned for the Project in the City's Capital Improvement Program (CIP) as project number WW -20. The City is in the process of acquiring a State Revolving Fund (SRF) loan from Florida Department of Environmental Protection (FDEP) for which this Project was planned for in the SRF Facility Plan. The City desires to proceed with the design of the project at this time so to be able to request funding at FDEP's February/March 2014 meeting. SCOPE OF WORK: Survey: No formal survey will be prepared. QLH will rely on as -built record drawing information and limited field measurements. Geotechnical Investigations: QLH will utilize the findings from the 3 million gallon reclaimed storage tank geotechnical investigation to design the foundation of the building expansion. cc004 proposal 5-1S-13.doc • Preliminary Engineering Report: A preliminary design report for the City's consideration and for use in the permitting of the improvements with FDEP will be prepared. The report will primarily rely on excerpts from the SRF facility plan and supplement such with necessary sizing calculations and operational guidelines. Subsurface Utility Engineering (SUE): QLH will utilize ground penetrating radar equipment to attempt to locate any existing underground pipes/conduits in the building expansion area. A $1,000 allowance for the SUE effort is included. Design: QLH will prepare the required civil, structural, mechanical (HVAC and process), electrical and instrumentation design products including construction drawings and specifications. QLH will also prepare construction cost estimates. The design fee includes a $8,800 allowance for structural, HVAC and electrical design by TLC Engineering of Cocoa. Submittals to the City will be made at 50%, and 100% design phases to solicit City review and comments. QLH will meet with City staff upon submittal of design products and throughout design as needed. Permitting - QLH will prepare permit application packages, including engineering calculations for the following permits: • SJRWMD/FDEP Environmental Resource Permit Modification (modification of existing stormwater permit) • FDEP Minor Revision to a Wastewater Facility or Activity Permit (modification of existing FDEP operating permit) QLH will respond to all reasonable Requests for Additional Information (RAIs). The City will be responsible for all permit application fees. If possible based on the two project schedules QLH will attempt to permit this project with the 3 million gallon reclaimed water storage tank. If this is achieved, $1,575 In fees will not be billed due to the combined activities. The City will also realize savings In the lesser permit application fees. Bidding and Construction Phase Assistance: Bidding: QLH shall assist the City in the public bidding of the project by completing the following work items: • Preparation of bidding documents per CITY standards • Distribution of documents to potential bidders/plan rooms • Preparation/Issuance of any addenda • Addressing of all potential bidder quotations • Attend pre-bid meeting • Review received bids • Prepare certified bid tabulation • Investigate low bidder(s) qualifications • Prepare bid award recommendation letter cc004 proposal 5•1513 doc Construction Contract Administration: QLH will provide the following services during the construction phase: • Coordinate execution of contracts • Schedule and preside over preconstruction conference • Issue Notice to Proceed to Contractor • Review shop drawings/material submittals • Address Contractor/CITY questions • Twice per month site visits • Review of monthly Contractor pay requests • Review of Contractor as -built drawings • Review change orders • Prepare final record drawings, utilizing Contractor as-builts and inspector sketches, etc. • Determine substantial completion • Provide final inspection • Recommend final payment • Coordinate execution of final paperwork • Provide Certificate of Completion to permitting agencies Construction Project Representative: QLH will provide a qualified part-time inspector to provide the following services during the construction phase: 1. Attend pre -construction conference 2. Assist Engineer with shop drawing review 3. Observe contractor's construction activities 4. Document construction activity via daily reports/logs 5. Review contractor's soil and erosion control efforts 6. Review contractor's monthly pay requests/quantities 7. Prepare supplemental as -built sketches 8. Review contractor's as -built surveys 9. Review contractor's locating efforts of existing utilities 10. Coordinate responses to contractor's Requests For Information (RFIs) 11. Coordinate engineer's field directives 12. Coordinate material and field tests TIME FOR COMPLETION: The professional services authorized by this Task Order are scheduled for completion according to the following schedule commencing from the date of this Task Order. Survey/Geotechnical/Data Collection Preliminary Engineering Report Subsurface Utility Engineering Design Permitting Bidding Assistance Construction Phase Assistance cc004 proposal 5.15-13.doc 15 days 15 days 7 days 90 days Per SJRWMD/FDEP schedule Per City Schedule Assumed 6 month contract (4 months actual construction The above time frames do not include City review times. COMPENSATION: The fee for these services is estimated at $98,785.00 based on the following schedule and the attached breakdown: Dated: Design/Permitting Bidding Assistance Construction Phase Assistance Allowances Lump Sum Lump Sum Lump Sum Lump Sum TOTAL $44,120.00 $4,950.00 $47,715.00 $2,000.00 $98,785.00 CITY OF CAPE CANAVERAL, FLORIDA By: David Greene, City Manager QUENTIN L. HAMPTON ASSOCIATES, INC. Dated: °51301 IS By: David A. King, P.gt., Vice President "PURSUANT TO FLORIDA STATUTE SECTION 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF QUENTIN L. HAMPTON ASSOCIATES INC. MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE." \ cc004 proposals-15.13.doc • • Description • • Design/Permitting Survey/Geotechnical/Data Collection Preliminary Engineering Report (included) Subsurface Utility Engineering 50% Design (including 58,800 structural HVAC,EIectricai design allowance) 100% Design Permitting CITY OF CAPE CANAVERAL SLUDGE BELT PRESS IMPROVEMENTS AT WATER RECLAMATION FACILITY QLH ESTIMATED ENGINEERING FEES BREAKDOWN 5/30/13 • Design/Permitting Subtotals : ..Pioject. : Froth✓ fait: ;CARD• _ /..f.agiiiir 97. Supervisor `Tedinideti: (ins) (feu*. . •(honr4 $175 5140 575 $70 2 0 1 16 12 6 37 4 0 0 40 32 12 88 Bidding Assistance All Subtasks 12 4 Bidding Assistance Subtotals 12 4 Construction Phase Assistance Construction Administration Resident Project Representative (Part -Time) Construction Phase Assistance Subtotals 94 0 94 35 0 35 Allowances Printing/Out of Pocket Expenses 0 0 1 0 0 10 8 2 21 8 0 0 108 68 1 185 2 2 2 2 9 0 9 26 0 26 0 0 • Atisnimitiatfie. • •.•• 1 S50 1 0 1 8 6 4 20 40 40 18 0 18 0 Allowance Subtotals 0 0 0 0 TOTAL ALL TASKS 143 127 32 213 0 78 Notes: 1. Construction Phase Services based on estimated six (6) months contract/four (4) months of actual construction. 2. Construction administration hours reflect part-time inspection and the estimated resulting additional RFI's, site visits, etc. 3.1f permitting effort is combined with 3mg tank project, permitting fees to be reduced to $1,575. 0:1304 sludge belt press 5-15-13.xis s70 0 0 0 0 0 0 0 0 0 39 0 39 0 0 39 iteadieroint • • • • s!fTotal Task t$) • • ....• • . . $57.50 See Below 0 0 0 MD Ala See Below $ 1,595.00 $ 1,225.00 $ 1,000.00 $ 0 $ 8,800.00 $ 25,910.00 O $ - $ 12,240.00 0 $ - $ 3,150.00 o $ 9,800.00 $ 44.120.00 1 0 $ - 1 S 4,950.00 o $ - I. $ 4,950.00 0 352 352 0 0 352 1 $ - Is $ - 1$ $ - 1$ 27,475.00 20,240.00 47,715.00 $ 2,000.00 S 2,000.00 $ 2,000.00 $ 2,000.00 $ 12,800.00 i $ 98,785.00 ENGINEERING FOR ARCHITECTURE May 6, 2013 David A. King, P.E. Quentin L. Hampton Associates, Inc. Post Office Drawer 290247 Port Orange, FL 32129-0247 Delivered via Email: dking@glha.com Re: Cape Canaveral WTP — Filter Press Building Professional Engineering Services Proposal Dear David: TLC Engineering is pleased to submit the following proposal to provide engineering services for the project referenced above. We appreciate your consideration and look forward to working with you and your design team on this project. PROJECT SCOPE We understand the project is to consist of a 24' x 24' building addition and system/equipment upgrades at the existing Filter Press Building at the Cape Canaveral WTP. TLC's proposal is based on information provided in your email of May 3, 2013. Expected Scope to include new construction (24' x 24') to accommodate an additional sludge filter press as well as existing building improvements Including: new overhead door, replacement of louvers, roofing, roof top exhaust fans, replacement of electrical panel cabinets, and interior lighting upgrades. BASIC SCOPE OF SERVICES Basic Scope of Services shall be as outlined in EJCDC Document No. 1910-1, 1996 Edition - Standard Form of Agreement Between Owner and Engineer for professional services except as specifically modified by this proposal. TLC shall provide professional engineering and design services for: a. Ventilation Engineering b. Plumbing Engineering c. Electrical Engineering d, Structural Engineering TLC anticipates submittals (electronic) at the following design stages: 'r 50% Construction Documents Y 100% Construction Documents Up to two (2) design review meetings are included in TLC's proposed work scope. TLC ENGINEERING FOR ARCHITECTURE 874 Dixon Boulevard . Cocoa. FL 32922-5809 Phone 321.636.0274 www.tic-englneers.com Fax 321.639.8986 David A. King, P.E. May 6, 2013 Page 2 of 5 PROPOSED CONSTRUCTION PHASE SERVICES Construction Phase Services are as outlined in EJCDC Document 1910-1, 1996 Edition — Standard Form of Agreement Between Owner and Engineer for Professional Services, Exhibit A, Article Al .05, except as specifically modified by this proposal. Additional Construction Phase Services provided for this project shall include: 1. Response to bidder questions. 2. Response to local permitting officials' comments. 3. Response to Contractor's Request for Information (RFI) and submittal review during the construction period. 4. A total of one (1) site visit per discipline, three (3) total, to become generally familiar with the progress and quality of the construction work in order to determine if the work is being performed in general accordance with the construction documents. (The mix of mechanical, electrical and structural field representation may change based on the needs of the project during the construction phase). Substantial completion and final inspection, if requested, would each constitute a site visit. INFORMATION TO BE FURNISHED TO TLC In addition to Owner Responsibilities defined In EJCDC Document 1910-1, 1996 Edition — Standard Form of Agreement Between Owner and Engineer, specific information and material that impacts the design shall be provided to TLC as shown In Attachment A. ADDITIONAL SERVICES Additional services, when requested in writing by Quentin L. Hampton Associates, Inc. shall be performed at TLC's standard hourly rates. Additional Services are as defined in EJCDC Document 1910-1, 1996 Edition — Standard Form of Agreement Between Owner and Engineer, Exhibit A, Part 2. Additional Services also include those items shown in Attachment B. TLC shall submit the estimated additional services cost for approval and authorization prior to proceeding with a design. FEE We propose to provide the above-described basic scope of services for a lump sum fee of $8,800.00, inclusive of conventional reimbursable expenses. Conventional reimbursable expenses to include routine travel, express mail, photography, and plotting for coordination and submittals as noted above. Non conventional expenses including unanticipated travel or reproduction expenses to be reimbursable at 1.1 time direct cost. If our proposal is acceptable, your signature below will confirm our authorization to proceed. Retain one copy and return one copy to TLC at the address on page 1 of this proposal. This authorization constitutes your commitment to pay the fee and reimbursable expenses, and represents that approval has been received by your firm from the client. Alternatively, we can enter into a contract agreement using EJCDC Document No. 1910-1, 1996 Edition - Standard Form of Agreement Between Owner and Engineer. MAO PROPOSALS OuentUnLHamptontcape Canaveral WTP Fdter Press Bldg.dx David A. King, P E May 6, 2013 Page 3 of 5 We look forward to your favorable selection of TLC and the opportunity to assist your team for this and future projects. Please give me a call with any questions or comments. Sincerely, TLC Engineering for Architecture i ar -it ase., K eger, P "! CM, litED AP BD+C Principal /''vision Director Attachments MAO PROPOSALSIQuenbnLFHamptontCape Canaveral WTP Fitter Press Bldg.doc Quentin L, Hampton Associates, Inc. By: Print Name and Title Date • David A. King, P.E. May 6, 2013 Page 4 of 5 ATTACHMENT A INFORMATION TO BE FURNISHED TO TLC Professional Engineering Services Proposal 1. Updated, CAD -generated pre -bordered base sheets, site plans, life safety plans, elevations, building sections, reflected ceiling plans and architectural floor plan backgrounds, complete with room names, numbers and rated or special wall construction, will be provided by to TLC during the course of the design (TLC standard Is AutoCAD Version 2004). 2. Room data sheets for each area, indicating equipment and furniture locations, quantity of each type of outlet, receptacle, special IIghting and plumbing equipment, and connection for services as part of the TLC design. 3. Civil, site drawings and surveys, indicating all underground and overhead mechanical, plumbing and electrical site utilities, which may affect design. This is especially critical in the footprint of the proposed addition. 4. Catalog cut sheets for Owner -furnished equipment and equipment requiring mechanical, plumbing or electrical connections. Cut sheets shall Indicate all utility connection requirements, utility consumption and heat rejection, Including information on any system with special clearance requirements. 5. Geotechnical report of subsurface soils conditions with recommendations for foundations and site preparation. 6. Reliable existing construction design drawings. Extensive field verification of existing systems is not anticipated or included in proposed work scope. MAO PROPOSALS%QuenthlKan tantCape Canaveral WTP Filter Press Bldg doc David A. King, P E. May 6, 2013 Page 5 of 5 ATTACHMENT B ADDITIONAL SERVICES Professional Engineering Services Proposal 1. EJCDC Document 1910-1 — 1996 Edition — Abbreviated Standard Form of Agreement Between Owner and Engineer, Exhibit A, Part 2. 2. Construction site visits or attendance at design review meetings, as requested by the Owner, in excess of site visits per discipline as defined In our proposal. 3. Value Engineering meetings and subsequent engineering or design revisions to incorporate extensive accepted value engineering items, Including changes to system design after 50% construction documents have been completed. 4. Significant revisions to the program, design philosophy or Architectural plans after 100% Design Development approval, or to systems selected following schematic phase, and which result in redesign expenses. 5. Electrical Circuit Breaker Coordination Study (The coordination study will be made part of the Contractor's Scope of Work and submitted in shop drawing form for approval). 6. Design of emergency power or generator systems. 7. Preparation of mechanical systems life cycle cost analysis. 8. Architectural, Civil engineering, landscape design, and irrigation design services. 9. Document reproduction beyond those required for in-house coordination and electronic submittals. 10. Post -occupancy commissioning of building MEP systems. 11. Threshold Inspection Services. 12. Design of currently unidentified specialty electrical systems, including but not limited to: low voltage systems, specialty lighting, security, audio/visual, communications, commercial and retail tenant's point of sale, telephone/data/video and security systems. (Design of empty conduit systems is included). 13. Development of "as -built" or record drawings. 14. Detailed cost estimating services. 15. Design of unconventional foundation systems including vibrocompaction, vibroflotation piles, matt foundation, or design to accommodate potential sinkhole activity. Proposed design is based on conventional spread foundation systems. IMO PROPOSALSWuenVnLHamptonnCape Canaveral WTP Filter Press 131dg.doc City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. 1, Subject: Approve Task Order No. 4, in the amount of $87,997, to Quentin L. Hampton Associates, Inc. for bidding and construction monitoring services for the North Atlantic Avenue Streetscape Project and authorize the City Manager to execute same. Department: Public Works Services Summary: Between October 2008 and March 2009, Brad Smith Associates, Inc. conducted a Preliminary Design Study for the North Atlantic Avenue Streetscape Project and a public workshop was held to discuss same. In January 2012 the City awarded a task order to Quentin L. Hampton Associates, Inc for survey and design work. Ninety -percent (90%) construction drawings have been received and reviewed by Staff and the City Engineer. These plans are in keeping with the Preliminary Design Study. Additional project meetings were conducted with (1) utility companies that provide services along the North Atlantic Avenue corridor, (2) the landscape architect (Brad Smith Associates, Inc.) and (3) several area residents and property owners. Florida Power & Light (FPL) is currently performing an engineering review of the City's request to move 28 utility poles to the back of the rights-of-way to allow for construction of the pedway, sidewalks, bio-swales, etc. Numerous fire hydrants and utility cabinets also require moving to the back of the right-of-way. Task Order No. 4 from Quentin L. Hampton Associates, Inc. (QLH), which will be the final Task Order for engineering/construction monitoring services for this Project, includes the following tasks: • Permitting assistance with St. Johns River Water Management District and Florida Department of Transportation; • Bidding assistance; • Construction phase assistance (contract management); and • Construction project representation (construction monitoring). Depending on the time required to move utility services in the North Atlantic Avenue corridor, it is anticipated that the Project can be publicly bid in late -2013. Project Budget Summary: The total amount of funds appropriated to date for the North Atlantic Avenue Streetscape Project are as follows: • QLH — Engineering design: $78,015 • Brad Smith Associates, Inc. - Landscape architecture: $19,985 • FPL — Deposit for engineering design: $12,600 Subtotal: $110,600 TOTAL (including this Task Order No. 4): $198,597 The City has already received $868,732 in Transportation Impact Fees from Brevard County. The Project has also been submitted to the Space Coast Transportation Planning Organization (TPO) for funding assistance. The TPO will announce in mid - 2013 which streetscape projects in Brevard County will be awarded funds — the City has requested $1,161,951. Remaining tasks for the Project will be funded through the City Council Meeting Date: 06/18/2013 Item No. 7` Page 2 of 2 Stormwater Enterprise Fund, General Fund and the City's State Revolving Fund Loan. Revised estimated construction costs as of June 2013 for the Project are included as Attachment #1. A copy of Task Order No. 4 with a breakdown of costs is included as Attachment #2. Submitting Department Director: Jeff Ratliff Attachments: #1 — Estimated Construction Costs #2 - Task Order No. 4 Date: 06/11/13 Financial Impact: $87,997 to Quentin L. Hampton Associates, Inc. for bidding and construction monitoring services for the North Atlantic Avenue Streetscape Project will be funded by the Transportation Impact Fee Trust Fund through the Special Purpose Investment Account. Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo Date: 06/11/13 The City Manager recommends that City Counc take the following action(s): Approve Task Order No. 4, in the amount o $87,997, to Quentin L. Hampton Associates, Inc. for bidding and construction monitoring services for the North Atlantic Avenue Streetscape Project and authorize the City Manager to execute same. Approved by City Manager: David L. Greene O1.-- Date:6/03 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment #1 Estimated Construction Costs CITY OF CAPE CANAVERAL NORTH ATLANTIC AVENUE STREETSCAPE IMPROVEMENTS ENGINEERS ESTIMATE OF PROBABLE COST REVISED 6/10/13 Item 1 Mobilization (< 2% of total bid) 2 Preconstruction Video 3 Soil/Erosion Control 4 Indemnification 5 Storm Pipe a) 15" RCP (4 If shown on plans) b) 18" RCP (42 If shown on plans) 6 Storm Structures a) Type C Inlet (4 ea shown on plans) b) Type J Alt. A 5' Dia. Storm Junction Box (3 ea shown on plans) c) Type 4 Inlet Top (2 ea shown on plans) 7 6" PVC Reclaimed Water 8 Swales Est. Qty. 1 1 1 1 20 + 60 I 5 Unit Unit Cost LS $ 25,000.00 LS $ 2,000.00 LS $ 15,000.00 LS $ 1,000.00 IF $ 40.00 LF $ 60.00 EA $ 2,000.00 $ 4 EA $ 2,500.00 3 EA $ 3,500.00 6,200 LF $ 20.00 $ a) Construct Bioretention Swale (3,960 If shown on plans) 460 LF $ 9 Concrete a) 4" Thick Concrete Sidewalk (8,855 sy shown on plans) b) Sidewalk Ramp Per FDOT Index 304 (21 ea shown on plans) c) 6" Thick Concrete Driveway or Thickened Sidewalk (1,185 sy shown) d) Type E Curb (50 If shown on plans) e) Type F Curb (1,600 If shown on plans) f) 1' Environmental Curb (467 If shown on plans) g)18" Environmental Curb (6,920 If shown on plans) h) Drop Curb (310 If shown on plans) I) Valley Curb & Gutter (115 If shown on plans) j) 6" Header Curb (60 If shown on plans) 10 Restoration a) Open Cut and Repair Asphalt Pavement (65 sy shown on plans) b) Asphalt Road Mill and Resurface sy shown on plans) (3,79 c) Road Widening/Black Base (1,000 sy shown on plans) 11 Other a) Retaining Wall (5' High x 335 If shown on plans) b) Handrail Per FDOT Index 860 (335 If shown on plans) North Atlantic Costs 0 9,000 25 2,000 70 1,800 540 7,200 400 200 80 150 4,500 1,200 400 400 SY $ EA $ SY $ LF $ LF $ LF $ LF $ LF $ LF $ LF $ SY $ SY $ SY $ LF $ LF $ 8.00 30.00 1,500.00 5 40.00 I $ 15.00 $ 20.00 $ 15.00 1 $ 17.50 $ 20.00 $ 25.00 $ 15.00 $ 45.00 15.00 25.00 100.00 $ 45.00 Cost 25,000.00 2,000.00 15,000.00 1,000.00 Or 800.00 3,600.00 10,000.00 10,000.00 10,500.00 124,000.00 3,680.00 270,000.00 37,500.00 80,000.00 1,050.00 36,000.00 8,100.00 126,000.00 8,000.00 5,000.00 1,200.00 6,750.00 67, 500.00 30,000.00 40,000.00 18,000.00 CITY OF CAPE CANAVERAL NORTH ATLANTIC AVENUE STREETSCAPE IMPROVEMENTS ENGINEERS ESTIMATE OF PROBABLE COST REVISED 6/10/13 Item c) Stop Bar & Sign per FDOT Index 17346 (18 ea shown on plans) d) Decorative Crosswalk (770 If shown on plans) e) Decorative Streetlights f) Landscaping g) Irrigation h) Decorative Signage i) Furnishings j) Canaveral Blvd Signalization 12 Layout/As-Builts 13 Coordination of Pole Relocation by FPL 14 Post Construction Video 15 Unsuitable Material Excavation/Replacement 16 Rock Excavation 17 Bulk Concrete 18 Field Locate & Expose Existing Utilities 19 Traffic Control 20 Compliance with Florida "Trench Safety Act" 21 Testing (Allowance) Notes: 1. Actual costs may vary; QLH does not guarantee estimate. 2. Order of magnitude costs shown for landscaping/irrigation, lighting, signage, furnishings and utility relocation. Actua estimates to be prepared upon completion of design. 3. 4/23/13 estimate was $1,611,148 NOT including utiity relocation or reclaimed water piping. Est. Qty. Unit Unit Cost 24 EA $ 500.00 900 LF $ 50.00 60 EA $ 5,000.00 1 LS $ 75,000.00 1 LS $ 25,000.00 1 LS $ 40,000.00 1 LS $ 25,000.00 1 LS $ 185,000.00 1 LS $ 15,000.00 1 LS $ 5,000.00 1 LS $ 2,000.00 100 CY $ 20.00 100 CY $ 50.00 100 CY $ 85.00 1 LS $ 7,500.00 1 LS $ 15,000.00 1 LS $ 5,000.00 1 LS $ 8,000.00 Construction Subtotal Constructionl0% Contingency Utility Relocations Total Cost 12,000.00 45,000.00 300,000.00 75,000.00 25,000.00 40,000.00 25,000.00 185,000.00 15,000.00 5,000.00 2,000.00 2,000.00 5,000.00 8,500.00 7,500.00 15,000.00 5,000.00 8,000.00 1,720,680.00 172,068.00 250,000.00 2,142,748.00 North Atlantic Costs Attachment #2 Task Order No. 4 BRAD T. BLAIS, P.E. DAVID A. KING, P.E. ANDREW M. GIANNINI, P.E. KEVIN A. LEE, P.E. Mr. Jeff Ratliff Public Works Director City of Cape Canaveral P.O. Box 326 Cape Canaveral, FL 32920 Dear Mr. Ratliff: Quentin L. Hampton Associates, Inc. Consulting Engineers P.O. DRAWER 290247 PORT ORANGE, FLORIDA 32129-0247 April 26, 2013 NORTH ATLANTIC AVENUE STREETSCAPE Remaining Design and Bidding Service TELEPHONE: (386) 761.6810 FAX: (386) 761-3977 EMAIL: glha©glha.com Enclosed is our proposed task order for the remaining design tasks for the above referenced project. The scope of work includes the work that was excluded/postponed from the first task order due to the limited funds allocated last fiscal year. This task order includes the remainder of the permitting assistance, bidding assistance and construction phase services. As discussed at our April 24 meeting, the task order does not include landscaping and irrigation design services. We understand the City will contract directly with Brad Smith Associates, Inc. (BSA). QLH will coordinate the design effort with BSA. Also as requested, we have included full time inspection for an estimated 6 month construction duration. Please review the task order and return one executed copy if found acceptable. Contact our office if you have any questions or need additional information. Sincerely, QUEM- N [;p 1= PTON ASSOCIATES, INC. David A. King, P.E. Vice President DAK/KAL:mt/el Enclosures cc: QLH files cc002 desi.n_biddiny Kevin A. Lee, P.E. Project Engineer TASK ORDER NO. 2013- 4 TO AGREEMENT FOR ENGINEERING SERVICES QUENTIN L. HAMPTON ASSOCIATES, INC. (QLH) AND CITY OF CAPE CANAVERAL, FLORIDA Revised 4/26/13 PROJECT: North Atlantic Avenue Streetscape - Remaining Design and Bidding Services Execution of this Task Order by the City, shall serve as authorization for Engineer to provide professional services for the above project • RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to the Agreement. RESPONSIBILITY OF THE CITY: Provide the Engineer the necessary guidance regarding design variations upon presentation and recommendation of such from the Engineer. BACKGROUND: The City has planned for the North Atlantic Avenue Improvements Project in the City's adopted Capital Improvement Program (CIP), project number G03. The City contracted Brad Smith Associates, Inc. (BSA) to prepare a planning study which was subsequently adopted by the City. The City desires to proceed with the design of the project in FY 2012 with work beginning in November 2011. Bidding and construction is planned to begin in FY 2013 and span into FY 2014. $1.421 M has been programmed for construction in the CIP. The City previously contracted with the Engineer to provide design phase services. Due to limited funding at that time, the landscaping and irrigation design, a portion of the permitting effort and bidding assistance was excluded from that task order. Additional funds were to be budgeted in FY2013 for this postponed work. SCOPE OF WORK: Landscape and Irrigation Design: The City will contract with Brad Smith Associates, Inc (BSA) directly for these services. QLH will coordinate BSA's work with the overall streetscape design Permitting - QLH will prepare applications and supporting information for the following permits: • SJRWMD Environmental Resource Permit • FDOT Right -of -Way Connection Permit for work at SR A1A QLH will submit the application packages to the agencies and respond to all reasonable RAI's. QLH will also coordinate the review/approval of the Canaveral Blvd signalization design by Brevard County Traffic. Processing FDOT approval via their Electronic Review process, if the project is funded via their LAP or JPA programs, is not included. An allowance for permit fees are included. Bidding Assistance: QLH shall assist the City in the public bidding of the project by completing the following work items: • Preparation of bidding documents per CITY standards • Distribution of documents to potential bidders/plan rooms • Preparation/Issuance of any addenda cc002 desigitbtdding • Addressing of all potential bidder quotations • Attend pre-bid meeting • Review received bids • Prepare certified bid tabulation • Investigate low bidder(s) qualifications • Prepare bid award recommendation letter CONSTRUCTION PHASE ASSISTANCE: Construction Contract Administration: QLH will provide the following services during the construction phase: 1. Coordinate execution of contracts 2. Schedule and preside over preconstruction conference 3. Issue Notice to Proceed to Contractor 4. Review shop drawings/material submittals 5. Address Contractor questions 6. Twice per month site visits 7. Review of monthly Contractor pay requests 8. Review of Contractor as -built drawings 9. Review change orders 10. Prepare final record drawings, utilizing Contractor as-builts and inspector sketches, etc. 11. Determine substantial completion. 12. Provide final inspection 13. Recommend final payment 14. Coordinate execution of final paperwork 15. Provide Certificate of Completion to permitting agencies. Construction Project Representative: QLH will provide a qualified full-time inspector to provide the following services during the construction phase: 1. Attend pre -construction conference 2. Assist Engineer with shop drawing review 3. Observe contractor's construction activities 4. Document construction activity via daily reports/logs 5. Address citizen complaints 6. Review contractor's soil and erosion control efforts 7. Review contractor's monthly pay requests/quantities 8. Prepare supplemental as -built sketches 9 Review contractor's as -built surveys 10. Review contractor's locating efforts of existing utilities 11. Coordinate responses to contractor's Requests For Information (RFIs) 12. Coordinate engineer's field directives 13. Coordinate material and field tests. TIME FOR COMPLETION: The professional services authorized by this Task Order are scheduled for completion according to the following schedule commencing from the date of this Task Order. Landscape and Irrigation Design Coordination Permitting Bidding Assistance Construction Phase Assistance The above time frames do not include City review times. cc002 desrg&bidding Per BSA's schedule Per SJRWMD/FDOT schedule Per City schedule Assumed 7 month construction COMPENSATION: The fee for these services is estimated at $87,997,50 based on the following schedule; Landscape and Irrigation Design Coordination Permitting Bidding Assistance Construction Phase Assistance* Allowances (printing, etc.) TOTAL Allowance Lump Sum Lump Sum Lunlp Sum Allowance $1,035.00 $3,900.00 1 $3,887.50 $77,175.00 1 $2,000.00 1 $87,997.50 1 * Resident Project Representative (Inspector) portion of fee to be billed at actual hours expended. Dated: By: Dated: 4-1 u )(3 I l cc002 design_hidding By: CITY OF CAPE CANAVERAL, FLORIDA David Greene, City Manager QUENT. HAM I T9 ASSOCIATES, INC. David A. King, P.E. Task No. Description A Landscape/Irrigation Design Coordination B Permitting Application Submittals RAI Response(s) CITY OF CAPE CANAVERAL NORTH ATLANTIC AVENUE STREETSCAPE REMAINING DESIGN, BIDDING ASSISTANCE AND CONSTRUCTION PHASE SERVICES QLH ESTIMATED ENGINEERING FEES 4/26/13 Production-CADD Conssruc�ianServlaes Resident Project Administrative Hourly Rate Design Subtotals Permitting Subtotals C Bidding Assistance Prepare Bidding Documents Distribute Bidding Documents Address Plan Holder's Questions Attend Pre -Bid Meeting Issue Addenda as needed Attend Bid Opening Review Submitted Bids and Prepare Certified Bid Tabulation investigate Low Bidder(s) Qualifications Provide Recommendation of Award Letter Attend Council meeting for award of bid Bidding Assistance Subtotals O Construction Phase Assistance Coordinate execution of contracts Schedule and preside over preconstruction conference Issue Notice to Proceed to Contractor Review shop drawings/material submittals Address Contractor questions Twice per month site visits and progress meetings Review of monthly Contractor pay requests Review of Contractor as -built drawings Review change orders Prepare final record drawings, utilizing Contractor as-builts and inspector sketches, etc. Determine substantial completion Provide final inspection Recommend final payment Coordinate execution of final paperwork CC002 Design Bidding Spreadsheet Project Manager . (hours) $175 4 4 4 4 8 1 0 2 1 2 1 1 2 0.5 1 11.5 I 1 2 1 4 12 36 14 4 2 1 1 2 1 1 1 1 1 PMect Engineer (hours) $140 1 1 8 6 14 2 0 1 0 1 0 0 0 0 0 4 0 0 0 2 6 0 0 2 0 1 0 0 0 Supervisor _ T . hours% : Siipasor ,R .y�,,164 61 014 ••$w Ore'. ort ((hours)((hours) ) (hours) (hours) 575 570 570 557.50 $50 1 1 0 0 1 $ Suboonsoltant Allowance 2 2 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 1 2 0 0 0 0 2 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 8 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 6 8 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 0 1 1 1 1 2 8 8 2 0 2 0 2 1 05 0 23.5 1 I5 0 $ 1 $ 2 $ 3 $ 5 $ 7 $ 0 $ 1 0 I5 O I$ O 1S 1 $ 1 I$ See Below AD Total Task ($) See Below $ 1,035.00 $ 1,035.00 $ 2,090.00 $ 1,810.00 $ 3,900.00 $ 855.00 $ 400.00 $ 590.00 $ 175.00 $ 730.00 $ 175.00 $ 275.00 $ 400.00 $ 11230 $ 175.00 $ 3,887.50 $ 225.00 - $ 350.00 - $ 225.00 $ 1,220.00 $ 3,510.00 $ 7,110.00 1 $ 3,220.00 - 1 $ 980.00 - 1 $ 400.00 $ 950.00 - I $ 245.00 - 1 $ 420.00 5 225.00 - 15 225.00 Task No. Description CITY OF CAPE CANAVERAL NORTH ATLANTIC AVENUE STREETSCAPE REMAINING DESIGN, BIDDING ASSISTANCE AND CONSTRUCTION PHASE SERVICES QLH ESTIMATED ENGINEERING FEES 4/26/13 Constru+etion Provide Certificate of Completion to permitting agencies Construction Project Representative Construction Phase Assistance Subtotals E Allowances Printing and Permit Application Fees Allowance Subtotals TOTAL ALL TASKS Project Manager (hours) 1 0 83 0 0 106.5 Project Engineer (hours) 0 0 11 0 0 30 _Production CADD Superviserr. - Tech»ldan (hours) (hours)` 1 0 2 0 0 7 1 0 9 0 0 14 ih). 0 0 24 0 0 24 Resident (hours) 0 1000 1000 0 0 1000 1 Administrative_ Suboansu!tant Total Task ($) Allowance $ 370.00 $ 57,500.00 $ 77,175.00 o $ 2,000.00 $ 2,000.00 O $ 2,000.00 $ 2,000.00 49.S $ 2,000.00 $ 87,997.50 Notes: (2) Construction phase services estimated fees are based on assumed 7 months construction contract duration and 6 months actual construction duration. Fees are to be modified if actual duration is more/less than these amounts. (2) Construction project representative fees are based on 6 months of full-time inspection. 6 months, 22 days per month, 8 hours per day. (3) All fees except for allowances and Resident Project Representative (RPR) are to be invoiced per lump sum. Allowances are to be invoiced at actual cost and RPR is to be invoked based on actual hours expended. CC002 Oesisn_eidding Spreadsheet City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 6/18/2013 Item No. 5 Subject: Approve Interlocal Agreement for Building Inspection & Plan Review Services between the City of Cape Canaveral and the Canaveral Port Authority and authorize execution of same. Department: Community & Economic Development Summary: On April 17, 2013, the Board of Commissioners of the Canaveral Port Authority authorized the Port Canaveral Building Department to develop an Interlocal Agreement with the City of Cape Canaveral for the purpose of mutual support for building inspections and plans review. The Building Officials of both the Port and the City agree to the language of the proposed Agreement. No jurisdictional boundaries are affected, and the Agreement indemnifies each agency. With notice, it may be terminated by either agency without cause. It is expected the identified services will be required infrequently and only when no other Port or City resources are available. Florida Statute Chapter 163 authorizes public agencies to join together in such agreements which will best serve the public interest, promote the most efficient operations and avoid costly duplication of services. The Interlocal Agreement is scheduled for the June 19, 2013 Canaveral Port Authority Consent Agenda. �� \gym Submitting Department Director: Todd Morley \ Date: June 3, 2013 Attachment: Interlocal Agreement for Building Inspection & Plan Review Services between the City of Cape Canaveral and the Canaveral Port Authority Financial Impact: Costs incurred will be funded by building permit fees. Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo Date: 4.-74 The City Manager recommends that City Counc take the following action(s): Approve Interlocal Agreement for Building Inspectio & Plan Review Services between the City of Cape Canaveral and the Canaveral Port Authority and authorize execution of same. Approved by City Manager: David L. Greene Q1.)' Date:: /0 13' City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain INTERLOCAL AGREEMENT FOR BUILDING INSPECTION & PLAN REVIEW SERVICES This INTERLOCAL AGREEMENT is made and entered into by and between the CITY OF CAPE CANAVERAL, a Florida municipal corporation, ("CAPE CANAVERAL"), whose address is P.O Box 326, Cape Canaveral, FL 32920 and the CANAVERAL PORT AUTHORITY, a Florida Port, ("PORT AUTHORITY"), whose address is 445 Challenger Road, Suite 301, Cape Canaveral, FL 32920. WITNESSETH WHEREAS, it is the intent of the Legislature, pursuant to Chapter 163, Florida Statutes, to encourage public agencies to join together in agreements which will best serve the public interest and promote the most efficient expenditures of public funds through avoiding costly duplication of services; and WHEREAS, pursuant to Section 553.79, Florida Statutes, all code enforcement agencies are required to conduct building inspections to ensure compliance with the Florida Building Code; and WHEREAS, CAPE CANAVERAL has a building permitting and inspection department; and WHEREAS, CAPE CANAVERAL offers building plan review and building inspection services, under the oversight of the Cape Canaveral Building Official, pursuant to Chapter 553, Florida Statutes; and WHEREAS, the Port Authority has a building permitting and inspection department; and WHEREAS, the Port Authority offers building plan review and building inspection services, under the oversight of the Port Authority Building Official, pursuant to Chapter 553, Florida Statutes; and NOW THEREFORE, in consideration of the provisions contained in this Agreement, and other good and valuable consideration in which the party acknowledges, the parties agree as follows: SECTION 1. RECITALS. The above recitals are true and correct and form a material part of this Agreement upon which the parties have relied. Interlocal Agreement City of Cape Canaveral / Canaveral Port Authority Page 1 of 5 SECTION 2. PURPOSE. The purpose of this Interlocal Agreement is to coordinate certain matters relative to the provision of public services by the parties to their respective citizens. SECTION 3. RECIPROCAL RESPONSIBILITIES. A. CAPE CANAVERAL hereby agrees to provide building inspection and plan review services to the PORT AUTHORITY under the oversight of the CAPE CANAVERAL Building Official on an as -needed basis at the written request of the PORT AUTHORITY. CAPE CANAVERAL hereby agrees to commence each requested plan review and building inspection within one (1) business day of receiving the request. B. The PORT AUTHORITY hereby agrees to provide building inspection and plan review services to CAPE CANAVERAL under the oversight of the PORT AUTHORITY Building Official on an as -needed basis at the written request of CAPE CANAVERAL. The PORT AUTHORITY hereby agrees to commence each requested plan review and building inspection within one (1) business day of receiving the request. C. Each party shall provide all administrative duties relating to permitting within its own jurisdiction. Each party understands and agrees that it will not be responsible for administrative duties such as permitting, permit management and record retention within the other party's jurisdiction. D. In the event of a presidential disaster declaration, each party hereby agrees to assist the other with preliminary damage assessments in accordance with the State Emergency Response Team program in order to assist qualification for FEMA public assistance damage recovery grants. SECTION 4. FEES AND PAYMENT. Each party shall invoice the other for any services provided within thirty (30) days of the date of service. Said invoice shall be due and payable within 45 days of receipt. The parties agree to pay the following fees for the other's services: Building Inspection Plans Review Damage Assessment $50.00 per hour or portion thereof (to closest 15 minutes) $50.00 per hour or portion thereof (to closest 15 minutes) $50.00 per hour (each party shall be responsible for its own FEMA reimbursable personnel costs for overtime work) Interlocal Agreement City of Cape Canaveral / Canaveral Port Authority Page 2 of 5 SECTION 5. TERM OF AGREEMENT. The term of this Agreement shall be three (3) years commencing on the date of full execution of this Agreement by the parties. Further, this Agreement shall be automatically renewed for additional one-year terms unless either party notifies the other in writing of its intent to terminate pursuant to Section 6 herein. SECTION 6. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party for any reason and without penalty upon 60 days prior written notice to the non - terminating party. SECTION 7. INTERPRETATION. The language of this Agreement has been agreed to by both parties to express their mutual intent and no rule of strict construction shall be applied against either party. The headings contained in this Agreement are for reference purposes only and do not affect in any way the meaning or interpretation of this Agreement. SECTION 8. NOTICES. Whenever either party desires to give notice unto the other, such notice must be in writing, sent by registered United States mail, return receipt requested, addressed to the party for whom it is intended at the place specified below. The place for giving of notice shall remain the same until it shall have been changed by written notice in compliance with the provision of this paragraph. For the present, the parties designate the following as the respective place for giving of notice: FOR CAPE CANAVERAL: City of Cape Canaveral City Manager P.O Box 326, Cape Canaveral, FL 32920 FOR CANAVERAL PORT AUTHORITY: Canaveral Port Authority Chief Executive Officer 445 Challenger Road, Suite 301, Cape Canaveral, FL 32920 SECTION 9. INDEMNIFICATION. Subject to the limitations set forth in Section 12, herein, each party agrees to indemnify and hold harmless each of the other parties, their officers, agents and employees, from and against any and all claims, damages, injuries, losses and expenses, including reasonable attorney's fees, arising out of or relating to that party's actions or omissions arising out of this Agreement and the actions or omissions of the party's officers, agents and employees; provided, however, that no party waives sovereign immunity hereby as to third parties. Interlocal Agreement City of Cape Canaveral / Canaveral Port Authority Page 3 of 5 SECTION 10. SEVERABILITY. Any provision of this Agreement held by a court of competent jurisdiction to be invalid, illegal or unenforceable shall be severable and shall not be construed to render the remainder invalid, illegal or unenforceable. SECTION 11. EFFECTIVE DATE. The effective date of this Agreement shall be the date upon which the last party to execute shall execute this Agreement. SECTION 12. SOVEREIGN IMMUNITY. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of either party's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the parties' potential liability under state or federal law. As such, the parties shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the parties shall not be liable for any claim or judgment, or portion thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00). This paragraph shall survive termination of this Agreement. SECTION 13. LIMITATIONS OF AGREEMENT. It is not the intent of this Agreement to change the jurisdiction of the parties in any manner except as specifically provided. All other policies, rules, regulations and ordinances of the parties will continue to apply within the jurisdictional boundaries of each party. SECTION 14. FILING OF INTERLOCAL AGREEMENT. Pursuant to the provisions of section 163.01(11), Florida Statute, this Agreement shall be filed with the Clerk of the Circuit Court in and for Brevard County, Florida. SECTION 15. EMPLOYEE STATUS. Persons employed by either party in the performance of services and functions pursuant to this Agreement shall not be deemed to be employees of the other party nor shall they have any claim to pension, workers' compensation, civil service or other employee rights or privileges granted by the other party to its officers and employees. SECTION 16. ENTIRE AGREEMENT; AMENDMENTS. This instrument constitutes the entire Agreement between the parties and supersedes all previous discussions, understandings and agreements. Amendments to and waivers of the provisions herein shall be made by the parties only in writing by formal amendment. IN WITNESS WHEREOF, the parties hereto affix their hand and seal this day of 2013. Interlocal Agreement City of Cape Canaveral / Canaveral Port Authority Page 4 of 5 ATTEST: Angela Apperson, City Clerk Approved as to form and legal sufficiency for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney ATTEST: Frank Sullivan, Secretary/Treasurer Approved as to form and legal sufficiency for the Canaveral Port Authority only: Harold T. Bistline, Port Attorney CITY OF CAPE CANAVERAL, a Florida municipal corporation. Rocky Randels, Mayor CANAVERAL PORT AUTHORITY, an independent special taxing district of the State of Florida. Thomas W. Weinberg, Chairman Interlocal Agreement City of Cape Canaveral / Canaveral Port Authority Page5of5 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. �O Subject: Ordinance No. 06-2013; amending Chapter 110, Zoning, of the City Code related to parking and paving requirements; amending definitions; providing for temporary parking on unpaved areas; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Community and Economic Development Summary: The Code calls for all parking areas to be paved per Section 110-555. Paving of vehicular use areas. "All commercial and industrial areas used for the display or parking of any and all types of vehicles, boats or heavy construction equipment and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to drives, parking, service and display areas, shall be paved." Ordinance No. 06-2013 addresses the need to allow for temporary parking on unpaved areas as part of a permitted outdoor entertainment event or City special event. Such parking may be approved by the City Manager or designee and shall apply only to properly licensed operable motor vehicles for a specified limited duration. See attached minutes with request from Joyce Hamilton. Also, a definition for "finished surface" has been added to clarify that paving shall have a finished surface and that "millings" do not qualify as paving. The Planning and Zoning Board reviewed the proposed Ordinance on May 8, 2013 and unanimously recommended approval with the following changes: Paving may consist of the following materials: macadam, asphalt, taf, cement, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, cobbles, curb, kerb, curbstone, kerbstone, edgestone, and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained. Council approved the Ordinance upon first reading on May 21, 2013. The Notice of Public Hearing was published on May 30, 2013. Submitting Director: Barry Brown iia/ Date:06/7/2013 Attachments: 1) Ordinance No. 06-2013; 2 Minutes from February 19, 2013 Council meeting; and 3) Planning & Zoning Board recommendation to City Council. Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John DeLeo Date: 6'7 1.2,, City Council Meeting Date: 06/18/2013 Item No. Page 2 of 2 The City Manager recommends that City Council take the following action(s): Adopt Ordinance No. 06-2013, second reading. Approved by City Manager: David L. Greene d ltd. Date: 6/jo/j3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 06-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING CHAPTER 110, ZONING, OF THE CITY CODE RELATED TO PARKING AND PAVING REQUIREMENTS; AMENDING DEFINITIONS; PROVIDING FOR TEMPORARY PARKING ON UNPAVED AREAS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City of Cape Canaveral City Council believes community events, such as approved outdoor entertainment events, contribute to the general quality of life for the residents of Cape Canaveral; and WHEREAS, the City of Cape Canaveral City Council acknowledges that the successful execution of such events may require the use of temporary parking on unpaved areas, as approved by the City; and WHEREAS, notwithstanding the provision for temporary parking on unpaved areas outlined herein, the City of Cape Canaveral City Council desires to amend the definition of paving, to clarify that a finished surface is a requirement of paving work; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stikeeat type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 06-2013 Page 1 of 3 CHAPTER 110. ZONING ARTICLE I. IN GENERAL Sec. 110-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in the section, except where the context clearly indicates a different meaning * * * Finished surface, as it relates to the definition of "paving" in this section, means manipulated bv tool or machine to effectuate a uniform consistency and smoothness in accordance with industry standards, in a workmanlike manner. * * * Paving may consist of the following materials: macadam, asphalt, tar, cement, concrete, pervious concrete, permeable paving., bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, mss; curb, kerb, curbstone, kerbstone, edgestone and curbing. All paving material shall have a finished surface and must be contained by a permanent border and properly maintained. * * * ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS * * * DIVISION 2. OFFSTREET PARKING Sec. 110-492. - Location of spaces. * * * * * * (fl Temporary parking on unpaved areas may be approved bv the citv manager or designee as part of a permitted outdoor entertainment event or citv special event. Such approval shall apply only to properly licensed, operable motor vehicles for a specified limited duration. * * * City of Cape Canaveral Ordinance No. 06-2013 Page 2 of 3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction of meaning of this ordinance and the City Code may be freely made. Section 5. Severabilitv. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2013. ATTEST: ANGELA APPERSON, City Clerk/Assistant City Manager First Reading* Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 06-2013 Page 3 of 3 For Against City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page 4 of 6 Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 8. Ordinance No. 03-2013: amending Chapter 110. Zoning. of the Cape Canaveral Code of Ordinances related to commercial parkins facilities in the AIA Economic Opportunity Overlay District; providing for the repeal of prior inconsistent ordinances and resolutions: incorporation into the Code: severabilitv: and an effective date. first reading: Attorney Garganese read the Ordinance title into the record, noted the prior submittal of the Ordinance, the additional work by the Planning and Zoning Board and provided a brief explanation of the Ordinance. Planning and Zoning Director Barry Brown provided further explanation of the Ordinance, the steps taken by the Planning and Zoning Board and the creation of the definition of commercial parking facilities. The Public Hearing was opened. Ray Osborne provided comments and questioned whether this item is needed. He expressed concerns over noise from car alarms in the neighborhood. The Public Hearing was closed. Council Members discussed the screening/landscaping requirements. A motion was made by Mayor Pro Tem Bond, seconded by Council Member Petsos, to pass the Ordinance (03-2013) as written. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 9. Ordinance No. 04-2013: amending the definition of "height of building" set forth in Section 110-1 of the Cape Canaveral Code of Ordinances: providing for the reveal of prior inconsistent ordinances and resolutions: incorporation into the Code: severabilitv;, and an effective date, first reading: Attorney Garganese read the Ordinance tide into the record and provided a brief explanation of same. Planning and Zoning Director Barry Brown reviewed actions taken which led to the Ordinance. The Public Hearing was opened. No comments were received and the Public Hearing was closed. A motion was made by Council Member Petsos, seconded by Council Member Walsh, for approval of Ordinance No. 04-2013. The motion carried 54 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. 10. Ordinance No. 05-2013: amending Chapter 110. Zoning, of the Code of Ordinances related to outside storage: providing for a definition: reoealina the special exception in the C-1 and C-2 Zoning Districts for the commercial establishments for the storage or parking of recreational vehicles. trailers and trailerable items: providing for the repeal of prior inconsistent ordinances and resolutions: incorporation into the Code severability and an effective date. first reading: Attorney Garganese read the Ordinance title into the record and provided a brief explanation of same. Planning and Zoning Director Barry Brown explained the events which led to the prior Ordinance being sent back to the Planning and Zoning Board for further consideration and creation of a definition for outside storage. The Public Hearing was opened. Joyce Hamilton expressed concems related to the creation of a non -conforming use, to which Attorney Garganese responded. She also encouraged an Ordinance change to allow tempora City of Cape Canaveral, Florida City Council Regular Meeting February 19, 2013 Page5of6 Parking on grass areas for special events. Attorney Seth Chipman, representing Mr. & Mrs. Pierson, property owners in t200 Block of Central Blvd. noted his clients' opposition to the Ordinance due to the lack of consistency with uses in the neighborhood and the City's Vision Statement. To prohibit the parking of these items in residential neighborhoods is not in the best interest of the community. Concerns raised by Attorney Chipman were discussed and included the proposed Town Center and Mixed Use Zoning. Charles Pindziak inquired as to what property would allow for outside storage, to which Mr. Brown responded M1. The Public Hearing was closed. Further Council comments were received. A motion was made by Council Member Hoog, seconded by Council Member Petsos, to adopt Ordinance No. 05-2013. The motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council Member Hoog, For; Council Member Petsos, For; Mayor Randels, For; and Council Member Walsh, For. REPORTS: 11. Council Mayor Pro Tem Bond welcomed Finance Director John DeLeo and Leisure Services Director Gustavo Vergara. He noted the Targe turnout for the Sea Oats Planting and thanked Council Member Petsos for his work on this project. Council Member Walsh asked who normally serves as the City's Representative to the TPO, to which it was stated the Mayor is the representative. She requested additional review time when a Targe document is presented for consideration/adoption. Council Member Petsos thanked Public Works Services for their work on the Sea Oats Planting Project. Council Member Hooq welcomed Finance Director John DeLeo and Leisure Services Director Gustavo Vergara. Mayor Randels noted his work to emcee the Politicos on Parade VI, sponsored by the League of Women Voters. He noted his participation in a "Trike-a-Thou" held at Manatee Sanctuary Park raising funds for St. Judes. The event involved approximately 25, three to five year old children. Mayor Randels explained the City of Cocoa Beach is requesting support for their request to obtain tourist tax dollars that will be available after the loan for the Baseball Stadium is paid in April 2013. They would like a municipal pier, beach or boardwalk, and/or a surf park/destination beach resort. He noted Cocoa Beach was voted one of the top three beach cities in the State. Mayor Randels noted at the February 14th Space Coast Transportation Planning Organization (TPO) meeting the TPO's Legislative Priorities to the State Department of Transportation were amended to include the AIA Corridor Improvements as recommended in the Feasibility Study. Community & Economic Development Department Memo Date: May 9, 2013 To: Barry Brown, Planning & Zoning Director From: Susan L. Chapman, Secretary, Planning & Zoning Board Through: Lamar Russell, Chairperson, Planning & Zoning Board Re: Recommendation to City Council - Ordinance No. 06-2013, Amending City Code Section 110-1, Definitions - related to parking and paving requirements. On May 8, 2013, the Planning & Zoning Board held a meeting to consider proposed Ordinance No. 06- 2013, to amend City Code Section 110-1, Definitions, related to parking and paving requirements; providing for temporary parking on unpaved areas; and providing a finished surface requirement for paving. Following review and discussion, the Board unanimously recommended approval of the proposed ordinance with the following changes to read as follows: Section 110-1. - Definitions: Paving may consist of the following materials: macadam, asphalt, to , cement, concrete, pervious concrete, permeable paving, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, eebbles, curb, kerb, curbstone, kerbstone, edgestone, and curbing. All vina material shall have a finished surface and must be contained by a permanent border and properly maintained. City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. 7 Subject: Ordinance No. 07-2013; amending Chapter 78, Utilities, of the Code of Ordinances related to illicit discharges and connections to the Municipal Separate Storm Sewer System (MS4); providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, second reading. Department: Public Works Services Summary: As part of the National Pollutant Discharge Elimination System (NPDES) permit for the City of Cape Canaveral (City), an Ordinance is required to address illicit discharges and illicit connections to the Municipal Separate Storm Sewer System (MS4). Illicit discharges to the MS4 include, but are not limited to, the following: • Pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards, other than stormwater. Illicit connections to the MS4 include, but are not limited to, the following: • Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; and • Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by an authorized enforcement agency. The primary objectives of this Ordinance are as follows: • To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user; • To prohibit illicit discharges and connections to the MS4; and • To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this Ordinance. Violators of this Ordinance are subject to suspension of access to the MS4 and possible criminal prosecution. Council approved the Ordinance upon first reading on May 21, 2013. The Notice of Public Hearing was published on May 30, 2013. q.,4,-' Submitting Director: Jeff Ratliff Attachment: Ordinance No. 07-2013. Date: 06/7/2013 City Council Meeting Date: 06/18/2013 Item No. 7 Page 2 of 2 Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Reviewed by Finance Director: John DeLeo Date: 1 /� The City Manager recommends that City Council take the following action: Adopt Ordinance No. 07-2013, second reading. Approved by City Manager: David L. Greene 0 Date: 6 //Ors City Council Action:[ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment Ordinance No. 07-2013 ORDINANCE NO. 07-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 78, UTILITIES, OF THE CODE OF ORDINANCES RELATED TO ILLICIT DISCHARGES AND CONNECTIONS TO THE MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4); PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City maintains a National Pollutant Discharge Elimination System ("NPDES") permit through the Florida Department of Environmental Protection; and WHEREAS, the permit requires the City to comply with the Generic Permit for Discharge of Stormwater from Phase 11 Municipal Separate Storm Sewer Systems, which calls for adoption of an ordinance prohibiting illicit discharges and dumping to the municipal separate storm sewer system ("MS4"); and WHEREAS, polluted stormwater runoff is often transported to MS4s and ultimately discharged into local waters without treatment causing adverse effects; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 78, Utilities. Chapter 78, Utilities, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and sr-ikeeu4 type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 78. It is intended that the text in Chapter 78 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 78. UTILITIES * * * City of Cape Canaveral Ordinance No. 07-2013 Page 1 of 9 ARTICLE V. STORMWATER DRAINAGE * * * DIVISION 4. ILLICIT DISCHARGE AND CONNECTION Sec. 78-400. — Short title: purpose and objectives. This division shall be known and may be cited as "the City of Cape Canaveral Illicit Discharge Ordinance ("IDO"). The nurnose of this division is to provide for the health, safety, and general welfare of the citizens of the City of Cape Canaveral through the regulation of non- stormwater discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This division establishes methods for controlling the introduction of pollutants into the Municipal Separate Storm Sewer System ("MS4") in order to comply with requirements of the National Pollutant Discharge Elimination System ("NPDES") permit process. The objectives of this division are: 1. To regulate the contribution of pollutants to the MS4 by stormwater discharges by any user; 2. To prohibit illicit connections and discharges to the MS4; and 3. To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this division. Sec. 78-401. — Authorized enforcement agency. It shall be the duty of the stormwater utility director or designee to administer and enforce the pollution prevention methods established by this division. Sec. 78-402. — Definitions. For purposes of this division, the following terms, phrases, words and their derivations shall have the meaning given herein: Best Manazement Practices (BMPs) include schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters or stormwater conveyance systems. BMPs also include treatment practices. operating procedures and practices to control site runoff, spillage or leaks, sludge/water disposal or drainage from raw materials storage. Clean Water Act means the federal Water Pollution Control Act (33 U.S.C. $ 1251 et seq.) and any subsequent amendments thereto. Construction Activity means activities subiect to the requirements of NPDES Construction Permits. Currently these include construction projects resulting in land disturbance City of Cape Canaveral Ordinance No. 07-2013 Page 2 of 9 of one acre or more. Such activities include, but are not limited to, clearing and grubbing, grading, excavating and demolition. Hazardous Materials means any material, including any substance, waste or combination thereof, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of or otherwise managed. Illicit Discharge means any direct or indirect non-stormwater discharge to the storm drain system, except as exempted in Section 78-406 of this ordinance. Illicit Connection is defined as either of the following: (1) Anv drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including, but not limited to, any conveyances which allow any non-stormwater discharge including sewage, process wastewater and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by the stormwater utility director or designee or (2) Anv drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps or equivalent records and approved by the stormwater utility director or designee. Industrial Activity means activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)(14). National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit means a permit issued by EPA (or by a State under authority delegated pursuant to 33 USC $ 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group or general area -wide basis. Non-Stormwater Discharge means any discharge to the storm drain system that is not composed entirely of stormwater. Person means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting as either the owner or as the owner's agent. Pollutant means anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes and solvents; oil and other automotive fluids; non -hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter or other discarded or abandoned objects. ordinances and accumulations so that same may cause or contribute to pollution; floatables; pesticides, herbicides and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens, dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind. City of Cape Canaveral Ordinance No. 07-2013 Page 3 of 9 Premises means any building, lot, parcel of land or portion of land, whether improved or unimproved, including adiacent sidewalks and parking strips. Receiving bodies of water means anv water bodies, watercourses and wetlands into which surface waters flow, including, but not limited to, ponds, lakes, rivers, and streams. Storm Drainage System means anv publicly -owned facility by which stormwater is collected and/or conveyed including, but not limited to, anv roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human -made or altered drainage channels, reservoirs and other drainage structures. Stormwater means the flow of water which results from, and which occurs immediately following, a rainfall event. Stormwater Pollution Prevention Plan (SWPPP) is a document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems and/or receiving waters to the maximum extent practicable. Stormwater Utility Director means the City's stormwater utility director or such person's designee or such other person designated by the City Manager. Wastewater means any water or other liquid, other than uncontaminated stormwater, discharged from a facility. Sec. 78-403. - Applicability. This division shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by this division or the stormwater utility director or designee. Sec. 78-404. - Responsibility for administration. The stormwater utility director or designee shall administer, implement and enforce the provisions of this division. Any powers granted or duties imposed upon the stormwater utility director or designee may be delegated in writing by the city manager to persons or entities acting in the beneficial interest of or in the employ of the city. Sec. 78-405. - Ultimate responsibility. The standards set forth herein and promulgated pursuant to this division are minimum standards; therefore, this division does not intend nor imply that compliance by any person will ensure that there will be no contamination, pollution nor unauthorized discharge of pollutants. City of Cape Canaveral Ordinance No. 07-2013 Page 4 of 9 Sec. 78-406. - Discharge prohibitions. fill Prohibition of Illegal Discharges. No person shall discharge or cause to be discharged into the municipal storm drain system. watercourses or any receiving bodies of water any materials. including but not limited to. pollutants or waters containing any pollutants that cause or contribute to a violation of applicable water quality standards. other than stormwater. The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: 1. The following discharges are exempt from discharge prohibitions established by this division: water line flushing or other potable water sources. landscape irrigation or lawn watering. diverted stream flows. rising ground water, ground water infiltration to storm drains. uncontaminated pumped ground water, foundation or footing drains (not including active groundwater dewatering systems). crawl space pumps, air conditioning condensation. springs, non- commercial washing of vehicles, natural riparian habitat or wetland flows. swimming pools (if dechlorinated - typically less than one nom chlorine). firefighting activities and any other water source not containing pollutants. 2. Discharges specified in writing by the stormwater utility director as being necessary to protect public health and safety. 3. Dye testing is an allowable discharge, but requires a verbal notification to the stormwater utility director or designee prior to the time of the test. 4. The prohibition shall not apply to any non-stormwater discharge permitted under an NPDES permit, waiver or waste discharge order issued to the discharger and administered under the authority of the EPA, provided that the discharger is in full compliance with all requirements of the permit. waiver or order and other applicable laws and regulations, and provided that written approval has been granted for any discharge to the storm drain system. j Prohibition of Illicit Connections. 1. The construction. use, maintenance or continued existence of illicit connections to the storm drain system is prohibited. 2 This prohibition expressly includes. without limitation. illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. 3. A person is considered to be in violation of this division if the person connects a line conveying sewage to the MS4 or allows such a connection to continue. Sec. 78-407. - Suspension of MS4 access. Lai Suspension Due to Illicit Discharges in Emergency Situations. The stormwater utility director or designee may, without prior notice, suspend MS4 discharge access to a person when such suspension is necessary to stop an actual or threatened discharge which presents or may present imminent and substantial danger to the environment. or to the health or welfare of persons or to the MS4 or waters of the United States. If the violator, City of Cape Canaveral Ordinance No. 07-2013 Page 5 of 9 fails to comply with a suspension order issued in an emergency. the stormwater utility director may take such steps as deemed necessary to prevent or minimize damage to the MS4 or waters of the United States or to minimize danger to persons. 021 Suspension due to the Detection of Illicit Discharge. Anv person discharging to the MS4 in violation of this division may have their MS4 access terminated if such termination would abate or reduce an illicit discharge. The stormwater utility director or designee will notify a violator of the proposed termination of its MS4 access. The violator may petition the stormwater utility director or designee for a reconsideration and hearing. Lel A person commits an offense if the person reinstates MS4 access to premises terminated pursuant to this section. without the prior approval of the stormwater utility director or designee. Sec. 78-408. - Industrial or construction activity discharges. Anv person subject to an industrial or construction activity NPDES stormwater discharge permit shall comply with all provisions of such permit. Proof of compliance with said permit may be required in a form acceptable to the stormwater utility director or designee prior to the allowing of discharges to the MS4. Sec. 78-409. - Monitoring of discharges. Lal Applicability. This section applies to all facilities that have stormwater discharges associated with industrial activity. including construction activity. j Access to Facilities. 1. The stormwater utility director or designee shall be permitted to enter and inspect facilities subject to regulation under this division as often as may be necessary to determine compliance with this division. If a discharger has security measures in force which require Droner identification and clearance before entry into its premises. the discharger shall make the necessary arrangements to allow access to the stormwater utility director or designee. 2. Facility operators shall allow the stormwater utility director or designee ready access to all parts of the premises for the purposes of inspection. sampling, examination and copying of records that must be kept under the conditions of a NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. 3. The stormwater utility director or designee shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the stormwater utility director or designee to conduct monitoring and/or sampling of the facility's stormwater discharge. 4. The stormwater utility director or designee has the right to require the discharger to install monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the discharger at its own expense. All devices used to measure stormwater flow and Quality shall be calibrated to ensure their accuracy. City of Cape Canaveral Ordinance No. 07-2013 Page 6 of 9 5. Any temnorary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the operator at the written or oral request of the stormwater utility director or designee and shall not be replaced. The costs of clearing such access shall be borne by the operator. 6. Unreasonable delays in allowing the stormwater utility director or designee access to a permitted facility is a violation of a stormwater discharge permit and of this division. A person who is the operator of a facility with a NPDES permit to discharge stormwater associated with industrial activity commits an offense if the person denies the stormwater utility director or designee reasonable access to the permitted facility for the purpose of conducting any activity authorized or required by this division. 7 If the stormwater utility director or designee has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this division. or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this division or any order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the stormwater utility director or designee may seek issuance of an inspection warrant from any court of competent jurisdiction. Sec. 78-410. - Requirements to prevent, control, and reduce stormwater pollutants by the use of BMPs. The City of Cape Canaveral will adopt requirements identifying BMPs for any activity, operation or facility which may cause or contribute to pollution or contamination of stormwater, the storm drain system or waters of the U.S. The owner or operator of a commercial or industrial establishment shall provide, at their own expense, reasonable protection from accidental discharge of prohibited materials or other wastes into the MS4 or watercourses through the use of these structural and non-structural BMPs. Further, any person responsible for a property or premise, which is. or may be, the source of an illicit discharge. may be required to implement, at said person's expense. additional structural and non-structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance with all terms and conditions of a valid NPDES permit authonzing the discharge of stormwater associated with industrial activity. to the extent practicable. shall be deemed in compliance with the provisions of this section. These BMPs shall be part of a SWPPP as necessary for compliance with requirements of the NPDES permit., Sec. 78-411. - Watercourse protection. Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation and other obstacles that would pollute, contaminate or significantly retard the flow of water through the watercourse. In addition. the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse. City of Cape Canaveral Ordinance No. 07-2013 Page 7 of 9 Sec. 78-412. - Notification of spills. Notwithstanding other reauirements of law, as soon as anv person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into stormwater, the storm drain system or water of the U.S., said person shall take all necessary steps to ensure the discovery, containment and cleanup of such release. In the event of such a release of hazardous materials, said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non -hazardous materials, said person shall notify the stormwater utility director in person or bv telephone or facsimile within twentv-four (24) hours. Notifications in person or bv telephone shall be confirmed bv written notice addressed and mailed to the stormwater utility director or designee within seventv-two (72) hours of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years. Sec. 78-413. — Enforcement. The code enforcement board shall have jurisdiction to hear and decide alleged violations of this ordinance. Each day of violation shall constitute a separate violation. *** Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of 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 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 07-2013 Page 8 of 9 ADOPTED by the City Council of the City of Cape Canaveral, Florida this 18th day of June, 2013. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney ROCKY RANDELS, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 07-2013 Page 9 of 9 For Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. Subject: Ordinance No. 08-2013; amending Chapter 90, Floods, of the Code of Ordinances related to construction site stormwater runoff control; making conforming amendments to Chapter 2, Administration; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, first reading. Department: Public Works Services and Community & Economic Development Summary: As part of the National Pollutant Discharge Elimination System (NPDES) permit for the City of Cape Canaveral (City), an Ordinance is required to address construction site stormwater runoff control. These runoff control measures are required for all land -disturbing activities over one acre in area. As part of the Site Development Permit, applicants must submit an Erosion and Sediment Control Plan for review and approval by the City. The Plan must contain the following elements: • Natural resources map identifying soils, forest cover and resources protected under other sections of this Code. • Sequence of construction of the development site, including stripping and clearing; rough grading; construction of utilities, infrastructure and buildings; and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing, installation of temporary erosion and sediment control measures and establishment of permanent vegetation. • All erosion and sediment control measures necessary to meet the objectives of this subdivision throughout all phases of construction and after completion of development of the site (depending upon the complexity of the project, the drafting of intermediate plans may be required). Also required as part of the Site Development Permit are construction site waste controls which shall include, but are not limited to, the following: • Designation of a collection area on site that does not receive a substantial amount of runoff from upland areas and does not drain directly to a water body; • Provision of waste containers with lids that shall be covered during periods of rain; • Scheduled waste collection to prevent waste containers from overfilling; • Provision of extra containers and more frequent waste pickups during the demolition phase of construction; and • Collection, removal and disposal of all construction site wastes at authorized disposal areas. Violators of this Ordinance are subject to suspension of the Site Development Permit and a civil citation as specified in Chapter 2, Article VI, Division 3, Sec. 2-283. City Council Meeting Date: 06/18/2013 Item No. Page 2 of 2 As this item was developing, it was noticed that the model ordinance included references to "Site Development Permits" as issued by the City. Seemingly unrelated, for several months Staff had been reviewing other municipalities' procedures for capturing Horizontal Construction (site development) review and inspection fees. An example of City services currently absorbed by the City is included. The fee for a Site Development Permit is separate from and additional to a Building Permit Fee for projects over one acre. A closer look into the City's Ordinance, Appendix B, Schedule of Fees, revealed that a category had long been established for such a permit under Sec. 90-131, but no fee was established. Staff will present a Resolution in July which will propose a reasonable fee structure for a Site Development Permit. Submitting Directors: Jeff Ratliff and Todd Morley i Z i ' "1 Date: 06/04/2013 Attachments: 1'7 Ordinance No. 08-2013. Example of City services currently absorbed. Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Staff time and effort to prepare this Agenda Item. Site Development Permit revenue will increase as projects over one acre are developed. Reviewed by Finance Director: John DeLeon / Date: -713 The City Manager recommends that City Council`5ake the following action: Adopt Ordinance No. 08-2013, first reading. Approved by City Manager: David L. Greene 0 Date: C /7//,3 City Council Action:[ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain Attachment Ordinance No. 08-2013 ORDINANCE NO. 08-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 90, FLOODS, OF THE CODE OF ORDINANCES RELATED TO CONSTRUCTION SITE STORMWATER RUNOFF CONTROL; MAKING CONFORMING AMENDMENTS TO CHAPTER 2, ADMINISTRATION; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY AND AN EFFECTIVE DATE. WHERAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City of Cape Canaveral, Florida, maintains a National Pollutant Discharge Elimination System permit through the Florida Department of Environmental Protection; and WHEREAS, the permit requires the City adopt an ordinance addressing construction site stormwater runoff control as set forth herein; and WHEREAS, the City also desires to update existing provisions of Chapter 90 consistent with the new construction site stormwater runoff control regulations adopted herein; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendment to Chapter 90, Floods. Chapter 90, Floods, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and stkeeut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 90. It is intended that the text in Chapter 90 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 90. FLOODS * * * City of Cape Canaveral Ordinance No. 08-2013 Page 1 of 10 ARTICLE IV. STORMWATER MANAGEMENT DIVISION 1. GENERALLY *** Sec. 90-120. Enforcement and penalties. This division shall be enforced pursuant to section 90-206 of this code. (a) Under this article, if the building official determines that a project is not being saied-cut in a - - .:: - d plan or if erng oaf without a required permit, he is aut ei ed te. (b) fair to shall be p e egaiv (1) Icsue • 4tten noti ture and 1 themalleged-nericempliance, incl 9) I .ing the -applicant or person in the buil ll or any portion -of -the -work whish violates -this . - ' - - - a • • ' • : - completed to the satisfaction efhe building official. T - .:: -:.- - : - -a : t into e.rnpliense ewe -subject to 9) Any order -purest to st.ths ' : - - etion shall beeenie final, unless the person nerr.Ed ii • •quests, in writing, by certified mail, a hearing before the building-e-ffieial ne late- then te„ working days -after -the -date ;such order -is -sewed. Failure to act in aeoa-dance with the ordcr after rceeipt-ef smitten notice shall be grounds far -revocation of all ' for that project which -would -be -affected -by or w :- •- . - •• • • -- TV/ • • •.- • • . al gp • of this article . • .. •• • • • • • oto another -remedies -the-vens of this article may be -restrained -by Sec. 90-131. Required. No person may structure or change its * * * DIVISION 2. PERMIT a subdivide or make any changes in the use of land or build or rebuild a size, except as exempt in section 90-132, without first obtaining a site City of Cape Canaveral Ordinance No. 08-2013 Page 2of10 development permit from the city building department as provided in this code division. Since the following activities may alter or disrupt existing stormwater runoff patterns, they shall, unless exempt pursuant to section 90-132, require the issuance of a city site development permit prior to onset by paying a fee as set forth in appendix B to this code: Sec. 90-132. Exemptions. 131: * * * The following activities shall be exempt from the permitting requirements of section 90- * ** (6) Emergency exemptions in accordance with section 90-207. (a) This article shall n necessary to prevcrt material harm to t of a Cation b', sus --or hurrieanes or w ebtainin praotioal and would fthe p� (b) A r r or perser. in a •kioh the ort oha by -the building awl: * * * Sec. 90-134. Same — Information required. The following information shall be submitted as part of the development plan or application for a stormwater permit: * ** (12) An erosion and sedimentation control plan that describes the type and location of control measures, the timing of their implementation and maintenance provisions in accordance with article V of this chapter. City of Cape Canaveral Ordinance No. 08-2013 Page 3 of 10 * * * ARTICLE V. CONSTRUCTION SITE STORMWATER RUNOFF CONTROL Sec. 90-200. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section. except where the context clearly indicates a different meaning: Clearing means the removal of vegetation from land, not including the mowing of grass. Drainage way means any channel that conveys surface runoff throughout the site. Erosion control means a measure that prevents erosion. Erosion and sediment control plan means a set of plans prepared by or under the direction of a licensed professional engineer indicating the specific measures and sequencing to be used to control sediment and erosion on a development site during and after construction. Grading means excavation or fill of material, including the resulting conditions thereof. Land disturbing activity means activity associated with construction including, but not limited to, land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements. footings, piers or foundations; erection of temporary forms; and installation of accessory buildings such as garages. Perimeter control means a barrier that prevents sediment from leaving a site by filtering sediment laden runoff or diverting it to a sediment trap or basin. Phasing means clearing a parcel of land in distinct phases, with the stabilization of each Phase completed before the clearing of the next. Sediment control means measures that prevent eroded sediment from leaving the site. Site means a parcel of land or a contiguous combination thereof. where grading work is performed as a single unified operation. Site development permit means a permit issued by the City of Cape Canaveral for the construction or alteration of ground improvements and structures for the control of erosion, runoff and grading. Stabilization means the use of practices that prevent exposed soil from eroding. Start of construction means the first land -disturbing activity associated with a development. including land preparation such as clearing, grading and filling; installation of streets and walkways; excavation for basements. footings. niers or foundations: erection of temporary forms; and installation of accessory buildings such as garages. City of Cape Canaveral Ordinance No 08-2013 Page 4 of 10 Watercourse means natural or artificial stream, creek, slough, channel, ditch, canal, waterway, gully, ravine or wash in which water flows in a definite direction and which has a definite physical channel, bed or banks. Waterway means a channel that directs surface runoff to a watercourse or to the public storm drain. Waste control means measures that prevent construction site waste from leaving the site. Sec. 90-201. - Permits. jj A site development permit is required for land -disturbing activity that would require the clearing of at least one acre of land. No site development permit shall be issued without the approval of an erosion and sediment control plan by the City as required by Section 90-203. 021 No site development permit is required for the following activities: (1) Any emergency activity that is immediately necessary for the protection of life, property or natural resources. (2) Existing nursery and agricultural operations conducted as a permitted main or accessory use. Lc.1 Each application shall bear the name(s) and address(es) of the owner(s) or developer(s) of the site, and of any consulting firm retained by the applicant, together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee. 101 Each application shall include a statement that any land clearing, construction or development involving the movement of earth shall be in accordance with the erosion and sediment control plan. 1'l The applicant may be required to file with the City a faithful performance bond, letter of credit or other improvement security in an amount deemed sufficient by the city engineer to cover all costs of improvements, landscaping, maintenance of improvements for such period as specified by the City and engineenng and inspection costs to cover the cost of failure or repair of improvements installed on the site. Sec. 90-202. - Review and approval. An erosion and sediment control plan shall be reviewed and either approved or disapproved by (i) the building official or designee for land -disturbing activity that would otherwise require any permit to be obtained through the City or (ii) the city engineer for all other land -disturbing activity that does not otherwise require a permit to be obtained through the City. Sec. 90-203. - Erosion and sediment control plan. jj The erosion and sediment control plan shall include the following: (1) A natural resources map identifying soils, forest cover and resources protected under other chapters of this code. 121 A sequence of construction of the development site, including stripping and clearing; rough grading: construction of utilities, infrastructure and buildings: and final grading and landscaping. Sequencing shall identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, areas of clearing,, City of Cape Canaveral Ordinance No. 08-2013 Page 5 of 10 installation of temporary erosion and sediment control measures, and establishment of permanent vegetation. al All erosion and sediment control measures necessary to meet the objectives of this article throughout all phases of construction and after completion of development of the site Depending upon the complexity of the project, the drafting of intermediate Plans may be required. (b) Modifications to the plan shall be processed and approved or disapproved in the same manner as set forth in Section 90-202, and may be authorized by the City by written authorization to the permittee. Modification applications shall include: in Major amendments of the erosion and sediment control plan submitted to the City as appropriate; and al Field modifications of a minor nature. Sec. 90-204. - Design requirements. Clearing and grading of natural resources, such as forests and wetlands, shall not be permitted except when in compliance with all other chanters of this code. Clearing techniques that retain natural vegetation and drainage patterns shall be used to the satisfaction of the City. Clearing, except that necessary to establish sediment control devices, shall not begin until all sediment control devices have been installed and have been stabilized. LI Erosion control requirements shall include, but are not limited to, the following: 0.1 Soil stabilization shall be completed as quickly as practical after clearing or inactivity in construction; al If seeding or another vegetative erosion control method is used, it shall become established as quickly as practical or the City may require the site to be reseeded or a nonvegetative option employed; and al Techniques that divert upland runoff past disturbed slopes shall be employed. fill Sediment control requirements shall include, but are not limited to, the following: fll Settling basins, sediment trans or tanks and perimeter controls; 1'I Sediment barriers for any component of the MS4 system located immediately outside of the perimeter of the site, such as, for example, inlets, catch basins, grates, ditches or swales; al Settling basins that are designed in a manner that allows adaptation to provide long term stormwater management, if required by the City; and al Protection for adjacent properties by the use of a vegetated buffer strip in combination with perimeter controls. Waterway and watercourse protection requirements shall include, but are not limited to, the following: Stabilization of the watercourse channel before, during and after any in -channel work; and al Stabilization adequate to prevent erosion located at the outlets of all pipes and paved channels. in Construction site access requirements shall include, but are not limited to, the following: in A temporary access road provided at all sites; and City of Cape Canaveral Ordinance No. 08-2013 Page 6 of 10 (2) Other measures required by the City in order to ensure that sediment is not tracked onto public streets by construction vehicles or washed into storm drains. Construction site waste control requirements shall include, but are not limited to, the following* (1) Designation of a collection area on-site that does not receive a substantial amount of runoff from upland areas and does not drain directly to a water body; al Provision of waste containers with lids that shall be covered during periods of rain; 0.1 Scheduled waste collection to prevent waste containers from overfilling al Provision of extra containers and more frequent waste pickups during the demolition phase of construction; and fp Collection, removal and disposal of all construction site wastes at authorized disposal areas. Sec. 90-205. - Inspection. j The City, as applicable pursuant to Section 90-203, shall make inspections as hereinafter required and either shall approve that portion of the work completed or shall notify the permittee wherein the work fails to comply with the erosion and sediment control plan as approved. Plans for grading, stripping, excavating and filling work bearing the approval of the City, as applicable, shall be maintained at the site during the progress of the work. To obtain inspections, the permittee shall notify the City. as applicable, at least one (1) working day before the following* in Installation of sediment and erosion measures: a, Start of construction; al Completion of site clearing; al Completion of rough grading; IQ Completion of final grading; and 01 Completion of final landscaping au The permittee or his/her agent shall make regular inspections of all control measures in accordance with the inspection schedule outlined on the approved erosion and sediment control plan(s). The purpose of such inspections will be to determine the overall effectiveness of the control plan and the need for additional control measures. The City shall have the authority to enter the property of the applicant as deemed necessary to make regular inspections. Sec. 90-206. — Enforcement, inspections and penalties. The following enforcement options shall be available to address violations of this article, each of which shall be non-exclusive: Lai Code Enforcement. The City may pursue violations of this article through the code enforcement proceedings set forth in Chanter 2, Article VL Division 2 of this Code. fin Stop -work order: revocation of permit. The City may suspend or revoke a site development permit in the event that a permit -holder violates this article, or the terms of the permit, or implements site development in such a manner as to materially adversely affect the public health, welfare or safety. City of Cape Canaveral Ordinance No. 08-2013 Page 7 of 10 j Code enforcement officer investizations. City code enforcement officers shall be granted access to inspect property for compliance with this article. Violations of the terms and conditions of a site development permit that are consistent with this ordinance shall also be deemed to be violations of this article. Each day of violation shall constitute a separate violation. (d) Civil citations. In addition to all other remedies, a person who has been determined to have violated a provision of this article may be subject to a civil citation as specified in section 2-283 of this Code fth Penalties. In addition to any other penalty authorized by this section, any person, partnership or corporation convicted of violating any of the provisions of this article shall be required to bear the expense of restoration, including but not limited to, the costs of investigation and testing. Sec. 90-207. - Emergency exemption. j) This article shall not be construed to preclude the doing of any act necessary to prevent material harm to or destruction of real or personal property as a result of a present emergency or when the property is in imminent peril and the necessity of obtaining a permit is impractical and would cause undue hardship in the protection of the property. Q A report of any such emergency action shall be made to the City by the permit holder as soon as practicable, but no more than ten (10) days following such action. Remedial action may be required by the City subject to appeal to the city council in the event of dispute. * * * Section 3. Conforming Amendments to Chapter 2, Administration. Chapter 2, Administration, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION * * * ARTICLE VI. CODE ENFORCEMENT * * * DIVISION 3. CODE ENFORCEMENT CITATIONS * * * Sec. 2-283. — Applicable codes and ordinances; class violation. (a) The following city codes and ordinances may be enforced by civil citation to the Brevard County Court, and are assigned the violation classification enumerated below: City of Cape Canaveral Ordinance No. 08-2013 Page Sof10 II. * * * (15) Chapter 90. article V. construction site stormwater runoff control... Class * * * Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into the City of 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 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of , 2013. ATTEST: ANGELA APPERSON, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 08-2013 Page 9 of 10 For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 08-2013 Page 10 of 10 lam,.21 9'e4z g.6: JOHN A. PEKAR, P.E., LLC Civil Engineering/Consuking 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 Office Phone: 321-613-2959 Cell Phone: 321-288-1040 johnpekarpe@gmail.com Rcei Fl owe roniflowe@gmail.com Office Manager Cell Phone: 321-403-9899 Exam oF Gi AbserbeL CONSTRUCTION INSPECTION CHECKLIST THE FOLLOWING CONSTRUCTION CHECKLIST IS PRESENTED AS AN OVERVIEW OF ANTICIPATED INSPECTOR ACTIVITIES THAT MIGHT BE PERFORMED ON VARIOUS SITE IMPROVEMENTS WITHIN THE CITY OF CAPE CANAVERAL. THIS LIST DOES NOT DETAIL THE COMPLETE AND COMPLEX RANGE OF ALL POTENTIAL CONSTRUCTION INSPECTION ACTIVITIES THAT MIGHT BE ENCOUNTERED. THESE LATTER ISSUES WOULD BE HANDLED ON A CASE BY CASE BASIS. Obtain copy of approved drawings. Obtain copies of permits (and approvals) and review permit conditions. Pre -construction meeting with Contractor. Review of shop drawings. Review of erosion control on site. Review any environmental issues, if any. Hold regular contractor meetings. Inspect earth moving/demucking. Photograph throughout Prepare and maintain inspection logs. Review buried utility placements. Water Sewer Storm drainage Coordinate with power company, if needed. folvw,s4 glig. d. JOHN A. PEKAR, P.E., LLC Civil Engineering/Consulting 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 Office Phone: 321-613-2959 Cell Phone: 321-288-1040 johnpelcarpe®gmail.com Rani Fl owe roniflowe@gmail.com Office Manager Cell Phone: 321-403-9899 Coordinate with gas company, if needed. Coordinate with cable company, if needed. Review density test(s). Inspect drainage systems. Inspect rough grading. Coordinate with testing lab. Review if off site impacts. Inspect pavement subgrade/base Obtain test reports. placement. Review paving operations. Continue to review Contractor draws for approvals. Coordinate any change orders or field charges. Review miscellaneous Fences construction. Pavement and Striping Signage Lighting Sidewalks Detention Basins Review landscaping. Prepare Contractor walk-thrus, develop punch lists. Support agency walk-thrus. 111 9'e4av, 9 �' JOHN A. PEKAR, P.E., LLC Civil Engineering/Consulting 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 Office Phone: 321-613-2959 Cell Phone: 321-288-1040 johnpekarpe®gmail.com Rcoi Flowe radiowe@gmail.com Office Manager Cell Phone: 32)-403-9899 Prepare project certifications. Water Management Potable Water Sewer City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. q Subject: Ordinance No. 10-2013; amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances related to Vacation Resort Campuses; providing requirements for Vacation Resort Campuses; excluding Vacation Resort Campuses from the rental restrictions on dwelling units set forth in Section 110-487; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability; and an effective date, first reading. Department: Community and Economic Development Summary: The Ron Jon Cape Caribe Resort is a timeshare vacation resort that is actively engaged in marketing timeshare units. An important component of their marketing effort includes providing lodging for prospective buyers before or after touring the property. They prefer to provide lodging on site, but there are not enough units available so prospects are often provided lodging off site and in Cocoa Beach hotels. It is important to keep prospects on the resort campus to more effectively market the timeshare units. Accordingly, Cape Caribe, Inc. is requesting that they be able to use the building on the oceanfront, and zoned R-3, for stays of less than the seven (7) day minimum per code section 110-487. This will also allow Cape Caribe to better serve other "short stay" resort guests who may prefer an oceanfront room. The Cape Caribe Resort is a unique project and the only true vacation resort property in the City. Currently, there is not a definition in the Code for this type of project. Defining this property as a Vacation Resort Campus and adding Vacation Resort Campus to the list of exclusions from the minimum seven day rental requirement will allow Cape Caribe to more effectively market the resort, expedite construction of new buildings, more efficiently utilize existing units and better accommodate desires of resort guests. If the Ordinance is adopted and when the next building is completed, they anticipate moving approximately 50% of the off-site hotel "stays" to the Cape Caribe property which equates to approximately 105 nightly stays per week. Proposed definition and ordinance revision: Sec. 110- 491. - Vacation Resort Campus. A Vacation Resort Campus is a multiple building property that includes a hotel, condominium, cooperative or timeshare plan. or combination thereof, that is also a transient public lodging establishment duly licensed pursuant to Chapter 509, Florida Statutes. and in which the units are master planned and organized in a campus arrangement that meets the following requirements; a) The campus shall be master planned pursuant to the terms and conditions of a negotiated development agreement approved by the city council; b) The campus as used herein shall contain a minimum of twenty-five (25) contiguous acres of C-1 and R-3 zoned property in which a hotel operation must exist within the campus; City Council Meeting Date: 06/18/2013 Item No. Page 2 of 2 c) The campus shall have direct access on a thoroughfare or high capacity roadway; d) The campus shall provide indoor and outdoor recreational amenities customarily provided by a resort for their guests. such as a pool. theater. restaurant. daycare. etc.: e) The campus shall include a food service facility that is open to the general public: t) The total number of units in the campus shall not exceed the maximum density of the underlying zoning cateaorv: and g) All development criteria shall be governed by the underlying zoning category, including but not limited to building setbacks. building separation. required parking. height limits and density. unless otherwise agreed by the city in the master plan development agreement required by this section. Sec. 110-487. - Rental restrictions on dwelling units. It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels and motels under subsection 110-332(4), and vacation rentals in the C-1 zoning district. and a vacation resort campus under subsection 110-491. Submitting Director: Barry Brown 60 Mk' Date: 6/6/2013 Attachments: 1) Ordinance No. 10-2013, 2) Application for Code Amendment, and 3) Planning & Zoning Board recommendation to City Council. Financial Impact: Cost to prepare, advertise and incorporate the Ordinance into the City Code. Passage of this Ordinance has the likelihood of increasing Ad Valorem revenue as well as supporting existing businesses in the community. Reviewed by Finance Director: John DeLeo \Oi Date: /6/.,3613 The City Manager recommends that City CounciCtake the following action(s): Adopt Ordinance No. 10-2013, first reading. Approved by City Manager: David L. Greene 0 D-1- Date: 6 4 /13 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain ORDINANCE NO. 10-2013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES RELATED TO VACATION RESORT CAMPUSES; PROVIDING REQUIREMENTS FOR VACATION RESORT CAMPUSES; EXCLUDING VACATION RESORT CAMPUSES FROM THE RENTAL RESTRICTIONS ON DWELLING UNITS SET FORTH IN SECTION 110-487; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. • WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-487 of the City Code currently prohibits the rental of dwelling units for less than seven (7) consecutive days except for hotels and vacation rentals located in the C-1 zoning district; and WHEREAS, the City recognizes that daily rentals, as part of a transient public lodging establishment that includes hotel, condominium, cooperative or timeshare buildings, or any combination thereof, when master planned as part of a development agreement approved by the city council, can help to promote economic development and tourism in the City of Cape Canaveral; and WHEREAS, the City desires to authorize dwelling unit rentals for less than seven (7) consecutive days when such rentals occur as part of a "vacation resort campus," as further described herein, and subject to certain requirements; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City City of Cape Canaveral Ordinance No. 10-2013 Page 1 of 4 of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 110. ZONING * * * ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. GENERALLY * * * Sec. 110-487. — Rental restrictions on dwelling units. It shall be unlawful for any person to rent a dwelling for less than seven consecutive days in any zoning district, excluding hotels and motels under subsection 110-332(4)2 and vacation rentals in the C-1 zoning district, and a vacation resort campus under section 110-491. *** Sec. 110-491. — Vacation resort campus. A vacation resort campus is a multiple building property that includes a hotel, condominium, cooperative or timeshare plan, or any combination thereof, and is also a transient public lodging establishment duly licensed pursuant to Chapter 509, Florida Statutes, and in which the units are master planned and organized in a campus arrangement that meets the following requirements: The campus shall be master planned pursuant to the terms and conditions of a negotiated development agreement approved by the city council; fin The campus, as used herein, shall contain a minimum of 25 contiguous acres of C-1 zoned property or a combination of C-1 and R-3 zoned property in which a hotel operation must exist within the campus; The campus shall have direct access on a thoroughfare or high capacity roadway; The campus shall provide indoor and outdoor recreational amenities customarily provided by a resort for their guests, such as a pool, theater, restaurant, daycare, etc.; The campus shall include a food service facility that is open to the general public; City of Cape Canaveral Ordinance No. 10-2013 Page 2 of 4 if The total number of units in the campus shall not exceed the maximum density of the underlying zoning category; and igl All development criteria shall be governed by the underlying zoning category, including but not limited to building setbacks, building separation, required parking, height limits and density, unless otherwise agreed by the city in the master development agreement required by this section. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. 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 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Honda. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2013. ATTEST: ANGELA APPERSON, City Clerk / Assistant City Manager Rocky Randels, Mayor John Bond Bob Hoog Buzz Petsos Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. 10-2013 Page 3 of 4 For Against First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 10-2013 Page 4 of 4 • DATE FILED -1Z-13 • RECEIVED BY 15. thou )n City u1Cape Canaveral Building Department (Please Prbrt Lcgibl or Type) iS CfroW• FEE PAID PR 5Q, Of) • DEPOSIT P i , xq9. CO S 250.00 FILING FEE IS NON-REFUNDABLE NATURE OF REQUEST SPECIAL EXCEPTION ___ VARIANCE ___ REZONING APPEAL x CODE AMENDMENT UEST IS FOR A TELECOMMUNICATIONS TOWER ATTACH SHEET #1 OF TOWER APPLICATION) DESCRIPTION OF REQUEST (Insure that the specific secdons ofthe Zoning Ordinance that allow & support your request are noted) (Attach separate sheet if necessary) Adopt new code definition for Vacation Resort Campus See attached draft address ofrequest- Ilia Legal Disc LOT BLK * SUB. STATEMENT OF FACT: State of Florida, County of Brevard; Ken Ward , being duly swom, depose and say that: I am the owner. X I am the owner's designated ageat(Attach notarized letter of authorization) Owner's Name Cape Caribe, Inc Address 1000 Shorewood Drive City Cape Canaveral state Zip • Home Phone # Work Phone # 321-7 84 — 8 0 93 Other • • Range (If other than owner) • Applicant's Name Ken Ward Business Address 1000 Shorewood Drive Home Phone # • • • • City Came Canaveral state F1 Zip 32920 Work Phone # 321-784-8093Other 1mo.t i : K warce rt. homL b j•howne •cont All information, sketches and data contained and made part of this request; are honest and Iran > to the best of my knowledge and belief. Suwon) W and sub this l`d.. day o ore NotaryPubllc,`5ta#e ofFlorida BILLIE JO QENTRY NOTARY PUBLIC STATE # OF FLORIDA i of Appii co Expires 3/31/2014 The completed request form and the 5250.00 filing fee must be filed as follows. Requests for Vatianxs and Special Exceptions (Excepting Telecommunication Towers) ,14 days prior to the Planning & Zoning Board Meeting; request for rezoning, 30 days prior to the Planning & Zoning Hoard meeting; Request for Telecommunieattians Towers, sixty days prior to the Planning & Zoning Board meeting. The Board of Adjustmentmeeting will be set after the request is heard by du Planning & Zoning Board. (A deposit may be required, see coda section 110-92 for applicability) • FOR CITY USE ONLY Notice of Public Hearing Published in Newspaper on Notice to applicant by Certified Mail Na Notice posted Bulletin Board on Nods posted one subject property on Prop. owners within 500 R. nodfied on • f APPLICATION FOR AMENDMENT TO t fir; CUT OF CAPE CANAVERAL -15-13 am B. 901; melon aukuthrillifoint, • CODE OF ORDINANCES + ftLcn+ 4110cnoik DATE: April 12, 2013 APPLICANT: Cape Caribe, Inc. ADDRESS: 1000 Shorewood Drive • • state Florida ap 32920 DBA City Cape Canaveral TELEPHONE: 321-784-8093 REQUESTING AMENDMENT TO CODE SECTION SECTION PRESENTLY READS: N/A • • New Ordinance REQUESTED CHANGE TO READ: See attached REASON FOR REQUESTED CHANGE: Promote Economic Development • (ATTACH ADDITIONAL SHEETS IF NECESSARY) FEE FOR REQUEST: $250.00 CIL/1_5/aft 1 2:22 I44 Off':• _ - - • • • Vacation Resort Campus Ordinance: The enactment of this ordinance is precisely in line with the City's Visioning Plan to "support businesses that enhance economic viability and serve Cape Canaveral residents and visitors". The Vacation Resort Campus ordinance establishes strict parameters that are intended to address compatibility issues with adjoining properties. The ordinance requires that a Vacation Resort Campus must obtain City Council approval of its overall master plan and developer's agreement and shall be duly licensed pursuant to Florida Statutes, Chapter 509. The twenty-five (25) acreage minimum requirement ensures that a Vacation Resort Campus will have sufficient land to create the resort setting that is attractive to surrounding properties as well as the owners and visitors of the resort. In addition, a portion of the Campus must be "anchored" by a hotel operation in a C-1 zoning district that meets the hotel and motel requirements already established in the City Code. The ordinance further requires a Vacation Resort Campus to have a direct connection to a high capacity roadway. This requirement is intended to diminish any adverse impacts on the transportation infrastructure although there is sufficient data to indicate that a Resort has minimal impact on transportation infrastructure. This is primarily due to the leisurely nature of a Resort and its variable stay times of owners and visitors. The ordinance requires a Vacation Resort Campus to provide for food service facilities and sufficient recreational amenities which further enhances the resort atmosphere that local residents and visitors will find attractive. The ordinance preserves the development standards of the underlying zoning district within the Campus. For example; any building located in the C-1 or R-3 zoning district must still be developed in accordance with the underlying restrictions such as density, height, building and unit sizes for that zoning district. Additionally, each building must be constructed and operated in compliance with all life - safety requirements, including fire sprinklers and emergency access. This ordinance recognizes the uniqueness of a Vacation Resort Campus and distinguishes it from the standard hotel and motel classifications. Unlike a standard hotel operation, a Vacation Resort Campus may expect to have visitors that stay anywhere from one night to several weeks. Having the flexibility to provide nightly service, particularly for a development of this size, is crucial to the overall success of a project. This new ordinance will allow the existing Ron Jon Cape Caribe Resort® (RJCCR) to operate more efficiently and service the needs of its owners and visitors. The relief of this seven night rental restriction will allow the RJCCR to accelerate the next phase of construction. The RJCCR exemplifies the type of establishment that the City of Cape Canaveral should seek to support when considering adaptation of codes and ordinances. The RJCCR enhances the economic viability of the City with very minimal impact on city services. The increase of local jobs and direct dollars of economic activity would be substantial to the City of Cape Canaveral. This family -friendly Resort has both indoor and outdoor amenities that are designed to reduce foreseeable compatibility issues. The Resort seeks every opportunity to seamlessly blend the activities of its owners and visitors with the surrounding properties. This is has been consistently demonstrated for nearly a decade. It is our hope that you will support this ordinance and add it to the exceptions under Section 110-487 of the City Code. How this ordinance affects the Ron Jon Cape Caribe Resort®: • Allows the acceleration of the next phase of construction and future buildings. • Provides operational cost savings associated with the occupancy management. • Provides an additional incentive for ownership which will increase sales pace. • Reduced operational risk due to greater efficiency and flexibility. New Definition Section • Sec. 110- 491. — Vacation Resort Campus. A Vacation Resort Campus is a Group of units in a multiple buildina site in a hotel. condominium) cooperative or timeshare plan. or combination thereof, that is also a transient public lodging establishment duly licensed pursuant to Florida Statutes Chapter 509 and in which the units are master planned and oraanized in a campus arrangement that meets the following reauirements; (a) The campus shall be master planned pursuant to the terms and conditions of a negotiated development agreement approved by the city council; (b) The campus as used herein shall contain a minimum of twenty-five (25) contiguous acres of C-1 zoned property or a combination of C-1 and R-3 zoned property in which a hotel operation must exist within the campus; (c) The campus shall have direct access on a thoroughfare or high capacity roadway; (d) The campus shall provide indoor and outdoor recreational amenities customarily provided by a hotel for their guests; (e) The campus shall include a food service facility that is open to the general public; (f) The total number of units in the campus shall not exceed the maximum density of the underlying zoning category, and (g) All development criteria shall be aovemed by the underlying zoning category. including but not limited to buildina setbacks. building separation. height limits and density, unless otherwise agreed by the city in the master plan development agreement required by this section. Code Amendment Section Sec. 110-487. - Rental restrictions on dwelling units. It shall be unlawful for any person to rent a dwelling for Tess than seven consecutive days in any zoning district, excluding hotels and motels under subsection 110-332(4), vacation rentals in the C-1 zoning district and a vacation resort campus under subsection 110-491, Date: Requested by: Project Name: Project Number: Account Number: City of Cape Canaveral Escrow Deposit Request Agri) 15.20l.� S. Chormczn Cape. (.'a,rc be , J c. N,A. 001-000-000-202240 El Special Exception El Preliminary Plat El Site Plan 0 Final Plat ❑ Variance 0 Lot Split O Rezoning El Records Request O Comp Plan Amendment ❑✓ Other Zpr,c'„ c,�d pi,ner+r-Ime ElVoluntary Annexation Special Instructions: l uo Z--) I cgccl n c es ,r ct_eprox-. 62.11..00 TOTAL: $ I , zcl oo Clerk's Office Services Provided: Community Dev Dept. Services Provided: Initial Deposit Required: 1, ? qq. 1P I ace_ - vo (z_) I ec aj no- i c,es. 106kelpr.nrrAi,, noiia.ec 5r �uhlrccZ�r�►�. +--, (', ClerK's J613 ,i?V ota? City of Cape Canaveral Date: May 22, 2013 To: From: Through: Lamar Russell, Chairperson, Planning & Zoning Board Community & Economic Development Department Barry Brown, Planning & Development Director Susan L. Chapman, Secretary, Planning & Zoning Board Re: Recommendation to City Council - Ordinance No. XX -2013 Amending Code Section 110, Zoning, relating to Vacation Resort Campuses; providing requirements for Vacation Resort Campuses; excluding Vacation Resort Campuses from the rental restrictions on dwelling units set forth in Section 110-487 On May 22, 2013, the Planning & Zoning Board considered proposed Ordinance No. XX -2013, revising the Code relating to Vacation Resort Campuses. Following review and discussion, the Board unanimously recommended that Council approve the ordinance as presented. 7510 N Atlantic Avenue P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 - Fax (321) 868-1247 www.citvofcanecanaveral.org e-mail: info a.citvofcauecanaveral.orii City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 06/18/2013 Item No. /0 Subject: Designate one (1) City Official to be the Voting Delegate at the 87th Annual Florida League of Cities Conference scheduled for August 15-17, 2013 — World Center Marriott, Orlando, Florida. Department: Administration Summary: The Florida League of Cities (FLC) is the united voice for Florida's municipal governments. Its goals are to promote local self-government and serve the needs of Florida's municipal governments. Growing from a small number of cities and towns, it now represents more than 400 cities, towns and villages. The League is governed by a Board of Directors composed of elected municipal officials. The FLC's 87th Annual Conference is scheduled for August 15-17, 2013 at the World Center Marriott, Orlando, Florida. League By -Laws require that each member municipality sending delegates to the Annual Conference of the FLC, designate one (1) of their officials to cast its votes at the Annual Business Session. Additionally, the FLC adopts resolutions each year to take positions on commemorative, constitutional or Federal issues. If City Council wishes to propose a resolution, it must be received by the League no later than July 10, 2013. Mayor Pro Tem Bond will be attending the Conference this year and, as such, may act as the Voting Delegate in the event no other Council Members are attending or desire to be the Voting Delegate. Staff requests Council designate one (1) City Official to be the Voting Delegate at the Conference and decide if it wishes to propose resolution(s) for the League's consideration. Submitting Department Director: Angela Apperson Date: 61/C07/3 Attachments: Letter, Designation of Voting Delegate form and Procedures for Submitting Resolutions Financial Impact: Cost of attendance at Conference. Staff time and effort to prepare this Agenda Item. Reviewed by Finance Director: John DeLeo, \ Date: G 1 V I 7) The City Manager recommends that City Council ire the following action(s): Designate one (1) City Official to be the Voting Delegate at the 87th Annual Florida League of Cities Conference scheduled for August 15-17, 2013 — World Center Marriott, Orlando, Florida and decide if it wishes to propose resolution(s) for the League's consideration. Approved by City Manager: David L. Greene d tea. Date: 6 ill,/ / 3 City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain qjIii. 301 South Bronough Street • Suite 300 • P.O. Box 1757 • Tallahassee, FL 32302-1757 • (850) 222-9684 • Fax (850) 222-3806 • www.iloridaleagueofcities.com TO: Municipal Key Official FROM: Michael Sittig, Executive Director DATE: May 29, 2013 SUBJECT: 87th Annual FLC Conference — "Great Cities Make a Great State" VOTING DELEGATE AND RESOLUTION INFORMATION August 15-17, 2013 — World Center Marriott, Orlando As you know, the Florida League of Cities' Annual Conference will be held at the World Center Marriott, Orlando, Florida on August 15-17. This year we are celebrating Great Cities Make a Great State which will provide valuable educational opportunities to help Florida's municipal officials serve their citizenry more effectively. It is important that each municipality designate one official to be the voting delegate. Election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each municipality will make decisions that determine the direction of the League. In accordance with the League's by-laws, each municipality's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2012, which are the same as the 2012 Census. Registration materials will be sent to each municipality the week of June 1st. Materials will also be posted on-line. Call us if you need additional copies. The League adopts resolutions each year to take positions on commemorative, constitutional or federal issues. We have attached the procedures your municipality should follow for proposing resolutions to the League membership. A resolution is not needed to become a voting delegate. If you have questions regarding resolutions, please call Allison Payne at the League at (850) 701-3602 or (800) 616-1513, extension 3602. Proposed resolutions must be received by the League no later than July 10, 2013. If you have any questions on voting delegates, please call Gail Dennard at the League (850) 701- 3619 or (800) 616-1513, extension 3619. Voting delegate forms must be received by the League no later than August 12, 2013. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolution President Manny Marono, Mayor, Sweetwater First Vice President P.C. Wu, Council President, Pensacola • Second Vice President Lori C. Moseley, Mayor, Miramar Executive Director Michael Sittig • General Counsel Harry Morrison, Jr. 87th Annual Conference Florida League of Cities, Inc. August 15-17, 2013 Orlando, Florida It is important that each member municipality sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Annual Business Session. League By -Laws requires that each municipality select one person to serve as the municipalities voting delegate. Municipalities do not need to adopt a resolution to designate a voting delegate. Please fill out this form and return it to the League office so that your voting delegate may be properly identified. Voting delegate forms must be received by the League no later than August 12, 2013. Designation of Voting Delegate Name of Voting Delegate: Title: Municipality of: AUTHORIZED BY: Name Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 Or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 87th Annual Conference World Center Marriott Orlando, Florida August 15-17, 2013 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) Proposed resolutions must be submitted in writing, to be received in the League office by July 10, 2013, to guarantee that they will be included in the packet of proposed resolutions that will be submitted to the Resolutions Committee. (2) Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) (3) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference, however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. (4) Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. (5) Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy councils and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Action Agenda will be adopted. Municipalities unable to formally adopt a resolution before the deadline may submit a letter to the League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates May 24, 2013 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee June 22 Appointment of Resolutions Committee Members July 10 Deadline for Submitting Resolutions to the League office August 15 League Legislative Policy Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 17 Immediately Following Breakfast — Pick Up Voting Delegate Credentials Followed by Annual Business Session City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 6/18/2013 Item No. 1 Subject: Ratify the Composite City Manager Performance Evaluation and discuss/determine how to proceed with the provisions of Section 2, Salary and Evaluation, of the Employment Agreement between the City of Cape Canaveral and City Manager David L. Greene. Department: Legislative Summary: Section 2, Salary and Evaluation, sub -section "B" allows consideration for an adjustment to the base salary and/or other benefits based upon performance evaluation which is required to occur between May and July of each year. City Council Members have completed their individual reviews. They were combined into a Composite Evaluation. City Council Members are requested to ratify the composite Evaluation and then discuss and determine how to proceed with the provisions of the Employment Agreement. Submitting Department Director: Angela M. Apperson Attachments: 1. An excerpt from the Employment Agreement. 2. Composite Performance Evaluation for City Manager David L Greene. 3. Composite Scores for Performance Evaluation for City Manager Greene. Date: 6/11/2013 Financial Impact: Dependent upon the actions of the City Council. Reviewed by Finance Director: John DeLeo4-� Date: 6/11/2013 City Council Action: [ ] Approved as Recom nded [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain • • An Excerpt from the EMPLOYMENT AGEMENT THIS EMPLOYMENT AGE NT (hereinafter referred to as "Agreement"), is by and between the City of Cape Canaveral, Florida, a Florida municipal corporation (hereinafter referred to es "City"), and David Greene (hereinafter referred to by name or as "City Manager"). Section 2. Salary and Evaluation. A. For the performance of services pursuant to this Agreement, the City agrees to pay the City Manager an annual base salary of Ninety -Nine Thousand Five Hundred and No/100 Dollars ($99,500.00), payable in installments at the same time as other City employees are paid with an evaluation for a potential increase in the base salary within six (6) months of June 1, 2010, as determined by the City Council at the Council's discretion. • • B. In addition to the provisions of subparagraph A above, the City agrees to consider adjustments of said base salary and/or other benefits of the City Manager in such amounts and to such an extent as the City Council may determine desirable on the basis of an annual performance evaluation of the City Manager. Such evaluation shall be in such form as the Council and the City Manager agree upon and shall be made between May and July of each year in which this Agreement is effective. 1 C. During the first year of this Agreement only, the City Manager shall have an additional evaluation that will take place between November 2010 and January 2011 and shall receive a potential increase in his base salary as determined by the City Council at the Council's discretion. D. All salary shall be paid less appropriate deductions for employment taxes, income tax and other lawibi withhoklings. The City Manager shall not be entitled to overtime or compensatory benefits. • Composite Performance Evaluation for City Manager David L Greene Employee: David L Greene Evaluation Period: June 2012 through Mav 2013 Objectives: Date presented: June 18, 2013 Date of Employment: June 1, 2010 • To evaluate the City Manager's performance of widely varied duties and responsibilities. • To evaluate certain skills and traits that shape a successful City Manager's ability to perform widely varied duties and responsibilities. • To assess the quality of municipal services by measuring the management team's level of performance in specific functional areas. • To enable the City Council to identify and address specific strengths, areas needing improvement, and performance objectives for the next evaluation period. • To provide a management tool for continued improvement of the City administration. Methods: The Mayor and City Council members are to individually assess performance criterion by placing an "x" on the evaluation scale that ranges from Exceeds Expectations (5.0) to Below Expectations (1.0). The performance standard evaluation scale is defined as follows: 1. Below expectations — Intolerable behavior or poor performance. 2 Marginal — Performance that is below recognized standards. Problems may exist in the quality, quantity, or timeliness of work performance and more than normal attention to improvement is required. Serves as a warning that work efforts could easily become unsatisfactory if not corrected. 3. Acceptable — Performance that requires only normal correction. Quality, quantity and timeliness of work are generally good. This is a person doing an average job when performance is compared to that of peers. 4. Optimal — The unusual performance with a minimum of direction needed and, with rare exception, good quality, quantity, and timeliness. This is a person doing an excellent job under ordinary circumstances. 5. Exceeds expectations — Outstanding performance. This is a person who constantly delivers above and beyond expectations of the job, always presenting excellent quality and quantity in a timely manner. This performance assessment may involve comparison to past performance, the performance of other similar municipalities, or another standard as determined by the evaluator, but should focus on performance during the specified evaluation period. City Council members are encouraged to note strong points and/or concerns in the comment section following the assessment of each performance criterion. Page 1 of 18 Composite Performance Evaluation for City Manager David L Greene Results: Completed evaluation forms are to be forwarded to Human Resources. Human Resources will tabulate and summarize the results into a final report that will later be presented to the City Council and the City Manager. Section I. Area Evaluation Rate the City Manager on his performance in each of the areas below by placing an "x" above the number you feel best describes his performance in that area. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Communications Name Mayor Pro Tem Bond Score 4.75 Council Member Hoog 5 Council Member Petsos 4.5 Mayor Randels 4.75 Council Composite Member Score Walsh 4 4.6 Maintains constructive relations with the press and communicates clearly with department heads, employees, the general public, and intergovernmental agencies; demonstrates effective listening, oral and written communication skills; provides opportunities for communications from citizens; effectively utilizes tools such as newsletters, press releases, the Internet, and public speaking opportunities to inform the community about Council actions and policies, plans for the future, and the economic outlook of the city. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: Communicates well; items are veru clear as presented, both verbally and in print. Council Member Petsos: The City Manager does communicate through the weekly updates. and I know the transition from a large City to a small "hands on" type of management and reporting sometimes seems like micromanagement by Council, but I've always liked more info, than not enough. Mayor Randels: Providing opportunities for communications from citizen and public speaking opportunities may be improved. Council Member Walsh: The City Manager communicates clearly both orally and in writing with Council Members, City staff. contractors and the general public. The use of blackboard connect has proven to be a veru valuable communication tool for our City. Page 2 of 18 Composite Performance Evacuation for City Manager David L Greene 2. Relationship with City Council N ame Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 4.75 5 4.5 5 5 4.85 Openly communicates with City Council members; promptly and properly responds to requests; keeps City Council members informed of current issues and remains accessible; provides support in carrying o ut Council decisions. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: Always has the needed information at meetings. I think the one-on-one meeting was one of the best things for the Council Member. City Manager and department director to have; maybe more often. Council Member Petsos: Relations with Council appear to be good. it would be nice to receive timely n otice on issues that come up during the week, rather than reading it in the weekly report. Not normal activity, but items like a broken sewer main, fire, etc. Mayor Randels: Underlined items are strong areas for the Citv Manager. Council Member Walsh: The City Manager responds promptly to Council's concerns and utilizes an open door policy and is available to Council Members as needed. As anv city manager's position, there is the challenge of managing the different viewpoints of multiple Council Members of which the City Manager does veru well. 3. Budgeting N ame Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 4.5 5 5 5 4 4.70 Provides capital improvement plans or any other short and/or long range plans that anticipate the needs of the community; presents a timely annual budget which is well documented, organized, and one which closely represents the goals of the City Council. Comments: Manor Pro Tem Bond: None listed. Council Member Hoog: Again, one-on-one meetings are a main line of communication with City Manager and department director to implement budget items. We used to do round tables, which also was a good thing to do with all department directors. Council Member Petsos: The budgeting process has improved in the past few years under the current City Manager, and he has brought back the 5 year capital plan. Page 3 of 18 Composite Performance Evaluation for City Manager David L Greene Mayor Randels: None listed. Council Member Walsh: As mentioned in the reviews of the past two years, a five-vear capital improvement plan has been developed and continues to be modified as applicable. I appreciate Mr. Greene's continued efforts in continuously looking for alternative revenue streams for the City. Some of the recent increases in fees are troublesome. Although some fees have been increased this past year in order to generate revenue needed for maintenance of the public works infrastructure, some of the fees are inequitable amongst property types, such as the stormwater fee. 4. Financial Management Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 4.75 4 5 5 5 4.75 Accurately and precisely reports and projects the financial condition, budgets realistically; implements management practices and policies to maintain or achieve a sound Tong -term financial condition; uses debt appropriately; plans for the Tong -term replacement and maintenance of equipment and infrastructure. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: The budget is always prepared in a good manner. The latest publicity about Fridav Fest was not good. Council Member Petsos: This has always been one our Citv's best attributes, and Mr. Greene has continued to see that we remain in good standing financially even while the economy is Tess than desired. Mayor Randels: Excellent, not iust for today. Council Member Walsh: As previously mentioned, the five-vear capital plan that has been developed is being followed The maintenance and repair schedules that were created under Mr. Greene's management and further developed this past near assist in the financial planning of the Citv. The Citv's strong financial strength in these challenging times is a true testament to Mr. Greene's financial management of the City. 5. Asset Management Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 5 5 4.5 5 5 4.90 Oversees appearance & condition of City -owned facilities, equipment, and vehicles; reviews equipment and property for the purpose of future development/replacement. Comments: Page 4 of 18 Composite Performance Evaluation for City Manager David L Greene Manor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: Changes that Mr. Greene has implemented have continued to improve the appearance of facilities/parks. Again, the 5 near plan helps to lav out the ground work for what the Council needs to expect in out nears. Mayor Randels: Excellent. Council Member Walsh: Under the City Manager's direction, many maintenance and repair schedules have been created and used to ensure present and future needs are met. 6. Planning and Organization Name Mayor Council Council Pro Tem Member Member Bond Hoog Petsos Score 5 5 5 Mayor Council Composite Randels Member Score Walsh 5 4 4.8 Works with the City Council in developing the City's long and short term goals, objectives, vision and strategic plan; makes efforts to carry out the goals, policies, and programs of the Council; demonstrates the ability to anticipate the needs of the City and recommends options to appropriately respond to those needs. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: One-on-one meetings are a good line of communication. Council Member Petsos: He ensures that he continues to keep to the Visioning plan established bv the City and has been successful in planning the future of the City bv moving forward with the CRA, overlay district, and facility construction plans. Mayor Randels: Excellent. Council Member Walsh: The goals and objectives of the Citv/Council should be closely aligned with the Visioning and Economic Development Action Plan that were adopted bv Council in 2009/2010. Mr. Greene has been diligently pursuing implementing the Visioning Statement. 7. Decision Making Name Mayor Pro Tem Bond Score 4.5 Council Member Hoog 5 Council Mayor Member Randels Petsos 5 5 Page 5 of 18 Council Member Walsh 4 Composite Score 4.70 Composite Performance Evaluation for City Manager David L Greene Makes timely decisions that are well thought out and in the best interest of the City; accepts responsibility for outcomes; handles difficult situations in a professional and pro -active manner. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: This is a repeat comment from last year's review. but I feel it is still veru much applicable. He's not afraid to make a decision. I believe he doesn't try to "gauge" Councils "feelings" prior to making the hard decisions he recommends to us. Mayor Randels: Yes. Evaluates and takes action. Council Member Walsh: The Citv Manager seems to consider facts and issues when dealing with difficult situations and handles them professionally. 8. Council Meetings Name Mayor Council Council Pro Tem Member Member Bond Hoog Petsos Score 4.5 5 5 Mayor Council Composite Randels Member Score Walsh 5 5 4.90 Attends all meetings, informs City Council in advance of future non-attendance, and arranges for appropriate staff to attend; provides, on a timely basis, necessary documentation and information related to issues presented during meetings; participates in discussions and makes appropriate recommendations; provides timely agenda. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: Good communication. Council Member Petsos: He has made changes that have made our meetings more productive„ professional and shorter. Mayor Randels: Meetings are pleasant and eniovable. as well as productive. Council Member Walsh: The Citv Manager continues to do a great iob in providing information in the agenda packets and getting the Council meetings to be more efficient. Agenda packets are produced in a timely manner. items have been moved to the consent portion and the meetings are more productive. 9. Professional and Leadership Skills Name Mayor Pro Tem Bond Score 4.75 Council Member Hoog 5 Council Mayor Member Randels Petsos 5 5 Page 6 of 18 Council Composite Member Score Walsh 4.5 4.85 Composite Performance Evacuation for City Manager David L Greene Represents the City in a professional manner; demonstrates a high degree of integrity; displays ability to handle crises; accepts constructive criticism; demonstrates courtesy, tact and skill in dealing with sensitive matters and in dealing with others; maintains an overall personable and warm attitude. Comments: Manor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: Mr. Greene's integrity is excellent; alone with he always acts in a professional manner and can make the difficult decisions when needed without gauging the attitude of Council to see what direction might be beneficial to him. Mayor Randels: I always leave your office with the requested information. Council Member Walsh: Overall the City Manager is a professional leader and has demonstrated this in his everyday dealings. He tends to be personable and courteous with individuals and generally maintains a positive attitude. Mr. Greene does a great iob with taking a hard line with individuals when needed and generally does what he feels is in the best interest of the City. 10. Community Relations Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 4 5 4.5 4 4 4.3 Maintains positive relations with community groups and organizations; attends community functions and designates appropriate staff to promote City Council through speaking engagements at civic and other such types of meetings; properly handles complaints from citizens. Comments: Manor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: It's good to see us reaching out to our neighbors (Port and Cocoa Beach), the EDC etc. Would like to see some attendance at the SCLOC, especially when one of our close neighboring Cities is hosting and involvement in the City Manager's Association. Mayor Randels: Underline are strong areas for the City Manager. Can improve attendance at community functions. Council Member Walsh: The City Manager continues to build/rebuild positive relationships and continues to maintain the positive relationships he has rebuilt over the few years with organizations and agencies. As mentioned in last year's review, over the next year I would like to see the City Manager work more closely with the County Manager and other Citv Managers for possible sharing of equipment or other cost saving methods. Page 7 of 18 Composite Performance Evaluation for City Manager David L Greene Other Comments: None listed. Section II. Skills & Traits Evaluation 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations 1. Planning Skills Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 5 5 4.5 5 4.75 4.85 Anticipates future needs, identifies viable options, and implements appropriate measures to achieve goals; anticipates and analyzes problems and plans effective solutions. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: Mr. Greene has been working on the best options to finance the new building plans we are discussing, and presents us with innovative approaches in moving the City forward. Mayor Randels: On target. Council Member Walsh: None. 2. Leadership Skills Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 4.75 5 5 5 4.5 4.85 Builds and motivates a team, provides direction and supervision, monitors and adjusts performance as necessary; delegates to appropriate levels in the organization. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: It shows among the departments over before. Council Member Petsos: He continues with the leadership that has shown an increased productivity of the various departments. Mayor Randels: Yes. Council Member Walsh: The City Manager is respected by the Staff and promotes a team environment. Page 8 of 18 Composite Performance Evaluation for City Manager David L Greene 3. Negotiating Skills Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 4.75 5 5 5 5 4.95 Effectively resolves the numerous conflicts inherent in municipal government; negotiates effectively with developers and other interest groups, other governments, and individuals to reach agreements that protect the community interest. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: Mr. Greene has been active in working with various kev property owners in the Community to move the City in the direction that the Visioning session recommended. The business community respects him and knows he is looking to deal with them in a fair manner, but one that will also benefit the City as a whole. Mayor Randels: Underline is strong area. Council Member Walsh: The City Manager negotiates, and renegotiates when needed, various contracts periodically keeping the communities interest in sight. 4. Creativity Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 5 5 4.5 5 4 4.70 Identifies effective, efficient, and when necessary, innovative solutions to problems. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: As mentioned above, the negotiating skills he has go hand in hand with the creativity he has in being able to "close a deal" with the businesses in our City. Mayor Randels: Yes; makes me wonder why I did not think of it. Council Member Walsh: None listed. Page 9 of 18 Composite Performance Evaluation for City Manager David L Greene 5. Honesty/Fairness N ame Mayor Council Council Pro Tem Member Member Bond Hoog Petsos Score 4.5 5 5 Mayor Council Composite Randels Member Score Walsh 5 4.5 4.80 Is consistently open, straightforward, and impartial. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: I believe Mr Greene to be open honest and consistent in his dealings with the general public and the Council. this and his ethical behavior are excellent. Mayor Randels: Yes. Council Member Walsh: None listed. 6. Adaptability N ame Mayor Pro Tem Bond Score 4.5 Council Council Member Member Hoog Petsos 5 4.5 Mayor Council Composite Randels Member Score Walsh 5 4.5 4.70 Responds positively in a timely manner to a changing world and local conditions. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: After a little reality check of coming to a much smaller City, Mr. Greene has been able to adapt as needed. He does keep an eve on the current trends and conditions both worldly and locally, assesses the situations and makes us aware of changes we should be considering, and or making. Mayor Randels: Yes; lets yesterday be gone. Council Member Walsh: None listed. 7. Initiative N ame Mayor Pro Tem Bond Score 4.75 Council Member Hoog 5 Council Member Petsos 4.5 Mayor Randels Page 10 of 18 5 Council Member Walsh 4.5 Composite Score 4.75 Composifie Performance Evaluation for City Manager David L Greene Uses initiative to develop new programs to meet the needs of the City or resolve identified problems; implements or modifies procedures and programs as necessary to improve organizational effectiveness and efficiency. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: Mr. Greene has always been willing to take on problems and seek solutions that are in the best interest of the community. He constantly is reviewing procedures, programs and looking for ways to streamline and make more efficient. Manor Randels: None listed. Council Member Walsh: The City Manager understands the need for processes and procedures. Over the past year Mr. Greene has been reviewing existing processes and procedures and provided many efficiencies. The Citv still has many opportunities for improvement of which the City Manager will be challenged with over the next years ahead. 8. Resiliency Name Mayor Pro Tem Bond Score 4.75 Council Member Hoog 5 Council Member Petsos 4.5 Mayor Council Composite Randels Member Score Walsh 5 4.5 4.75 Maintains energy and motivation in spite of constant demands; handles stress well. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: Sometimes it is evident that there is stress. Council Member Petsos: Mr. Greene continues to maintain a high level of energy, hopefully he'll be able to continue this for many years to come. Mayor Randels: None listed. Council Member Walsh: Mr. Greene is a highly motivated individual. 9. Humor Name Mayor Pro Tem Bond Score 4.5 Council Member Hoog 5 Council Member Petsos 5 Mayor Council Composite Randels Member Score Walsh 5 4.5 4.8 Maintains and shares an appropriate sense of humor to lighten the load. Comments: Page 11 of 18 Composite Performance Evaluation for City Manager David L Greene Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: As I've said in the past. he has to have a great sense of humor to be able to deal with all 5 of us on Council. his staff. and still maintain a smile! Mayor Randels: I am not sure of my reactions. Council Member Walsh: Mr. Greene has a good sense of humor. 10. Ethical Standards Name Mayor Pro Tem Bond Score 4.75 Council Member Hoog 5 Council Member Petsos 5 Mayor Randels 5 Council Composite Member Score Walsh 4.5 4.85 Conforms to the high standards of the profession; follows and promotes the "ICMA Code of Ethics." Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: This is a repeat from last year. but can't see where there has been any change I believe David to have the utmost of ethical standards, and that isn't something that is taught. nor easily lowered. Look forward to his continued lead by example to raise the bar for all our team. Mayor Randels: None listed. Council Member Walsh: None listed. 11. Job Knowledge Name Mayor Pro Tem Bond Score 5 Council Member Hoog 5 Council Member Petsos 5 Mayor Council Composite Randels Member Score Walsh 5 5 5 Has a solid knowledge of all phases of municipal government. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: Above expectations. Council Member Petsos: Mr. Greene is not only professional in his manner, but his knowledge of City, Page 12 of 18 Composite Performance Evaluation for City Manager David L Greene management is exceptional. He's always aware of the "opportunity" that presents itself, and ways to make the most of it through his past experience. Mayor Randels: I have vet to ask a question that is unanswered when I leave his office. Council Member Walsh: The City Manager has in-depth exceptional knowledge of municipal government. He also possesses knowledge of local government and private business. 12. Operational Efficiency Name Mayor Council Council Mayor Council Composite Pro Tem Member Member Randels Member Score Bond Hoog Petsos Walsh Score 4.75 5 5 5 4.5 4.85 Generally obtains the best possible result for the resources expended. Comments: Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: Mr. Greene has continued to redefine his staff and the roles they play in the City to help increase productivity while improving their professional background. He has been a mentor to mann of the staff and I believe them to have a good deal of respect for him. Mayor Randels: None listed. Council Member Walsh: The City Manager continues to restructure the organization, as well as the City's Boards/Committees. Over the past year Mr. Greene has improved the operations of the City as a whole. This is an area that I am certain Mr. Greene will continue to excel in. Other Comments: Mayor Pro Tem Bond: City Manager will, on occasion, get too short with residents at Council Meetings. City Manager also is too secretive with drawings and engineering plans for City proiects. Very frustrating. Council Member Hoog: None listed. Council Member Petsos: None listed. Manor Randels: None listed. Council Member Walsh: As with prior years.. Doing more with Tess is essential to the City and to the organization as a whole which will reduce expenses and positively impact the budget. Page 13 of 18 Composite Performance Evaluation for City Manager David L Greene Section III. Quality of Municipal Service Rate the quality of service provided by each of the functional departments and divisions below by placing an "x" in the block beneath the number which you feel best describes the quality of service. 1= Below Expectations; 2 = Marginal; 3 = Acceptable; 4 = Optimal; 5 = Exceeds Expectations Department/Division Administrative Services - City Clerk's Office - Financial Services - Human Resources Community & Economic Development - Building/Code Enforcement - Planning and Zoning Engineering Services (Contracted) Fire/Rescue Services (Contracted) Leisure Services Library Services (Contracted) Police Services (Contracted) Public Works Services - Infrastructure Maint. - Stormwater - Wastewater Plant Operations & Collections - Water Reclamation & Laboratory Solid Waste Recycling (Contracted) Specific Comments: Mayor Pro Tem Bond N ot Rated 4.75 N ot Rated 4.75 N ot Rated N ot Rated 4.5 N ot Rated 4.75 4.5 N ot Rated 4.75 Council Member Hoog 4.75 4.5 4.5 4.5 4.75 Council Mayor Member Randels Petsos N ot Rated 4.75 N ot Rated 5 N ot Rated 5 N ot Rated 4.5 N ot Rated 4.25 4.5 Not Rated 3.75 4.25 3.75 4.75 4 4.25 3.25 N ot Rated 4.5 N ot Rated 4.25 N ot Rated 4.5 N ot Rated 4.5 N ot Rated 4.5 4.5 4.25 Not Rated Not Rated N ot Rated Not Rated Not Rated N ot Rated N ot Rated N ot Rated N ot Rated N ot Rated 3.75 4.5 Council Composite Member Score Walsh N ot Rated 4.75 N ot Rated 4.75 N ot Rated 4.75 N ot Rated 4.58 N ot Rated 4.50 N ot Rated 4.13 N ot Rated N ot Rated 4.17 4.13 5 Not Rated 4.83 4.5 4.75 N ot Rated N ot Rated 4.33 4.50 5 Not Rated 4.33 5 Not Rated 5 Not Rated 5 Not Rated 5 Not Rated N ot Rated 4.75 N ot Rated 4.75 4.63 4.75 4.75 N ot Rated 4.63 5 Not Rated 4.58 Mayor Pro Tem Bond: Can only answer on those subjects in which I have knowledge. Council Member Hoog: Was a little taken back on the North Ditch engineering as for the drain elevation adjacent to the supply building. I would like to see actual overrun cost. Police Service: I don't think we get the community policing that is expected from the patrols. Citizens don't get the patrols to acknowledge a "hello" or "wave". I feel this is important to have personal contact from them. Page 14 of 18 Composite Performance Evaluation for City Manager David L Greene Council Member Petsos This is a better survey for our Residents to rate. not interacting with all the departments on a daily basis it would be an injustice for me to fudge them. I normally only get calls from residents when they don't like the answers they want. There are the occasional calls on the great service, but as I've always believed, "no news is good news". The departments are surely doing the right thing in the small amount calls voicing concern. Mayor Randels: The City Manager has my vote of confidence to continue as our City Manager. Council Member Walsh: I do not feel comfortable rating each department. I feel that a survey should be placed on the website to reach the residents of Cape Canaveral to Ret the feedback of the community of how they feel the customer service and quality of service is. Section IV. Strengths, Weaknesses, Performance Objectives Strengths: What do you feel are some of the City Manager's strongest points and finest accomplishments since the previous evaluation? Mayor Pro Tem Bond: None listed. Council Member Hoog: The City's stature/appearance and direction of department directors' accomplishments. Council Member Petsos: Being able to bring the "team" together to solve problems, work together and maintain a professional attitude. Manor Randels: • His leadership has bonded all City departments into a TEAM. • Ability to negotiate developments into the best advantage for our City. • Very vision oriented with plans for our City. • Places council decisions into action at once. • For me personally, he always has/makes the time to hear and respond to my questions; open door policy; provides me and council all (and more) information needed for our best decision on council agenda items. • Follows through on items; no "kick can down road". • Handles difficult situations and best position for City with investors who always want more. • Establishment of 5 -year CIP for future; asset management plan for buildings and equipment. Council Member Walsh: • Leadership of the Staff — generating a "Team" environment. • Continued organization of Council Meetings. • Continue moving the CRA, Overlay District and Brownfields forward. Page 15 of 18 Composite Performance Evaluation for City Manager David L Greene • Focusing on the long-term vision of the city to position the city positively as we move forward. • Improving the city's relationship with outside organizations. • Improving operational and organizational effectiveness. Weaknesses: What areas of the City Manager's performance do you feel most need improvement? Do you have any suggestions for improvement in these areas? Mayor Pro Tem Bond: None listed. Council Member Hoog: None listed. Council Member Petsos: More involvement out in the community. Mayor Randels: 1. I would like to see progress in ongoing projects on more frequent basis as "what is actually being planned"; Example: N. Atlantic Avenue Streetscape; we read the project is 35%-52%-65%-95% completed as to design. I have not seen the first example of what is in the design. I cannot explain anything to our residents who ask me questions. 2. With one (1) new residential home and one (1) new commercial building under construction, why two (2) weeks to review a permit for replacement of a residential home garage door? Council Member Walsh: • Communication with community and with Committees/Boards. o Mr. Greene should welcome Community involvement refocus committees back on the visioning and also on financial planning and review (Titusville has had much success with this). This community has a population of highly skilled and educated individuals who want to volunteer, help and be involved. We should tap in to those resources as much as we can. • More involvement with the SCLOC — attend some of the dinner meetings. New Objectives: List new priorities you would like to see addressed in the next year. Mayor Pro Tem Bond: None listed. Council Member Hoog: A 6' high fence, wrought iron affect like alone Central cruise parking, installed along the north property line along Washington Street Park. I have mentioned this before; too much activity in that area. Also. walking through the planters. Also, "No Smoking" signs at gazebos. Council Member Petsos: None listed. Page 16 of 18 Composite Performance Evaluation for City Manager David L Greene Mayor Randels: • Traffic light at AlA & N. Atlantic Avenue be realigned with International Drive. • City assume FDOT mowing along A 1 A and receive reimbursement from FDOT. • Provide a right turn lane on Westbound Central Blvd. @ A 1 A. • Restore the original northbound traffic lane to Atlantic Avenue @ A 1 A & Atlantic Avenue. Would eliminate the back-up of traffic waiting to turn right @ light (but cannot as car in front desires to continue north on Al A). • Eliminate southbound A 1 A left turn light @ A 1 A & Atlantic Avenue. • Community Center in old Machinist Union Building on 271 Tyler lot. • Consider a Branding Program. • Cherie Down Park to City in order to further vision plan. • Manatee Sanctuary Park boat channel cut to center of Banana River for Treasure Island and Manatee Drive boats. • Continue on an energy cost reduction plan. • City Emergency Plan updated. • Fertilizer Ordinance to Council for stormwater to Banana River. • Grants from FRDAP for restrooms at Banana River Park. • Resolve Izzy's impact fees. • Dockage at Manatee Sanctuary Park for Indian River Queen Boat for sunset river rides. • Residence maintenance improvement. • Kitchen in Manatee Sanctuary Park: Add a screen door and fan to circulate air (does kitchen have an electric range to keep food warm?) • Natural gas: increased availability to presidential streets homes. • Outdoor display areas for business reviewed and reduced. • Traffic light on N. Atlantic Avenue @ Villages of Seaport and Portside Village • Evaluate streets lights on A 1 A. • Sand fences added to beach as storm protection. • Stormwater Park in Oak Manor vacant land on Central. • Sidewalk missing short sections added to list. • Sailboat classes (Yacht Club wants to teach @ Banana River Park). Council Member Walsh: • Continue to increase operational efficiencies. • Reduce administrative expenses. • Increase revenue streams/avenues — greater development of user fees/charges. • Continue to reduce operational expenses. Page 17 of 18 .___MINIn_ Composite Performance Evaluation for City Manager David L Greene Individual signed reviews were conducted by each Council Member and are on file with the City Clerk. This document contains scores and comments of all Council Members as outlined in the individual review. Employee Response: Employee Signature Date Page 18 of 18 Composite Scores for Performace Evaluation for City Manager Greene Evaluation Period June 2012 through May 2013 Section 1. Area Evaluation 1 Communications Relationship with City 2 Council 3 Budgeting Financial 4 Management 5 Asset Management Planning and 6 Organization 7 Decision Making 8 Council Meetings Professional and 9 Leadership Skills 10 Community Relations N/S = Not Scored Section II. Skills & Traits Evaluation 1 Planning Skills 2 Leadership Skills 3 Negotiating Skills 4 Creativity 5 Honesty/Fairness 6 Adaptability 7 Initiative 8 Resiliency 9 Humor 10 Ethical Standards 11 Job Knowledge 12 Operational Efficiency Mayor Pro Tem Bond 4.75 4.75 4.5 4.75 5 5 4.5 4.5 4.75 4 Council Member Bond 5 4.75 4.75 5 4.5 4.5 4.75 4.75 4.5 4.75 5 4.75 Council Member Hoog 5 5 5 4 5 5 5 5 5 5 Council Member Hoog 5 5 5 5 5 5 5 5 5 5 5 5 Council Member Petsos 4.5 4.5 5 5 4.5 5 5 5 5 4.5 Council Member Petsos 4.5 5 5 4.5 5 4.5 4.5 4.5 5 5 5 5 Mayor Randels 4.75 5 5 5 5 5 5 5 5 4 Mayor Randels 5 5 5 5 5 5 5 5 5 5 5 5 Council Member Walsh 4 5 4 5 5 4 4 5 4.5 4 Mayor Pro Tem Walsh 4.75 4.5 5 4 4.5 4.5 4.5 4.5 4.5 4.5 5 4.5 Composite Score 4.60 4.85 4.70 4.75 4.90 4.80 4.70 4.90 4.85 4.30 4.74 Composite Score 4.85 4.85 4.95 4.70 4.80 4.70 4.75 4.75 4.80 4.85 5.00 4.85 4.82 Composite Scores for Performace Evaluation for City Manager Greene Evaluation Period June 2012 through May 2013 Section III. Quality of Municipal Service Administrative Services City Clerk's Office Financial Services Human Resources Community & Economic Development - Building/Code Enforcement - Planning and Zoning Engineering Services (Contracted) Fire/Rescue Services (Contracted) Leisure Services Library Services (Contracted) Police Services (Contracted) Public Works Services - Infrastructure Maint. - Stormwater - Wastewater Plant Operations & Collections - Water Reclamation & Laboratory Solid Waste Recycling (Contracted) Section 1. Area Evaluation Section II. Skills & Traits Section III. Quality of Municipal Service Grand Total Council Member Bond N/S 4.75 N/S 4.75 N/S N/S 4.5 N/S 4.75 4.5 N/S 4.75 N/S N/S N/S N/S N/S 4.5 4.74 4.82 4.53 4.70 Council Member Hoog 4.75 4.5 4.5 4.5 4.75 4.5 4.25 3.75 4.75 4 4.25 3.25 4.5 4.25 4.5 4.5 4.5 4.25 Council Member Petsos N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S Mayor Randels 4.75 5 5 4.5 4.25 3.75 3.75 4.5 5 4.5 4.75 5 5 5 5 5 4.75 5 Mayor Pro Tem Walsh N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S N/S Composite Score 4.75 4.75 4.75 4.58 4.50 4.13 4.17 4.13 4.83 4.33 4.50 4.33 4.75 4.63 4.75 4.75 4.63 4.58 4.53